Tracks Flashcards
(33 cards)
What is the maximum claim value for the small claims track?
£10,000
This is applicable to claims where the value does not exceed this amount.
What is the maximum claim for personal injuries arising from a road traffic accident in the small claims track?
£5,000
This applies specifically to claims for personal injuries from road traffic accidents, unless exceptions apply.
What is the maximum claim for personal injuries in circumstances specified in rule 26.10?
£1,000
This is for claims related to personal injuries from road traffic accidents under certain conditions.
What is the maximum claim for personal injuries in any case other than RTAs?
£1,500
This applies to personal injury claims that do not fall under the road traffic accident category.
What type of claims can a tenant make against a landlord under the small claims track?
Claims for repairs or other work costing not more than £1,000
This includes claims for damages not exceeding £1,000.
What does ‘damages for personal injuries’ include?
Compensation for pain, suffering, and loss of amenity
It excludes any other types of damages claimed.
What is defined as a ‘road traffic accident’?
An accident resulting in bodily injury caused by a motor vehicle on a road or public place
This definition applies unless the injury was caused by a breach of relevant statutory provisions.
What is the normal track for claims valued at more than £10,000?
Fast track
Claims that do not qualify for the small claims track are allocated to the fast track.
What is the maximum claim value for the fast track?
£25,000
This is for monetary relief claims or claims that include non-monetary relief.
True or False: The small claims track can include claims for harassment or unlawful eviction.
False
The court must not allocate such claims to the small claims track.
Fill in the blank: A ‘claim for personal injuries’ is defined as proceedings in which there is a claim for damages in respect of personal injuries to the _______.
[claimant]
This definition also applies to claims for personal injuries to others or in respect of a person’s death.
What is the fast track in civil procedure?
The fast track is the normal track for claims if the court considers that:
* The trial is likely to last for no longer than one day
* Oral expert evidence at trial is likely to be limited to one expert per party
What criteria must a claim meet to be allocated to the intermediate track?
A claim must meet the following criteria:
* Suitable for neither the small claims track nor the fast track
* The claim is not more than £100,000
* Includes a claim for monetary relief
* Managed proportionately with a trial not likely to last longer than three days
* Oral expert evidence likely to be limited to two experts per party
Fill in the blank: A claim must be allocated to the _______ track if it is a mesothelioma claim or includes a claim for clinical negligence.
multi-track
True or False: A claim including non-monetary relief can be allocated to the intermediate track without the court considering it in the interests of justice.
False
What must a court consider to allocate a claim to the multi-track?
A claim must be allocated to the multi-track if:
* It is a mesothelioma claim or asbestos lung disease claim
* It includes a claim for clinical negligence unless certain criteria are met
What is the maximum claim value for it to be considered for the intermediate track?
The claim must not be more than £100,000
What are the conditions under which a claim for clinical negligence may be allocated to the intermediate track?
A claim for clinical negligence may be allocated to the intermediate track if:
* It is one that would normally be allocated to the intermediate track
* There has been an admission of liability in full
Fill in the blank: The court may allocate a claim to the intermediate track if it considers it to be in the _______ of justice.
interests
What is the purpose of the Pre-Action Protocol in clinical disputes?
To resolve clinical disputes before they escalate to formal claims
True or False: A claim for damages in relation to harm, abuse, or neglect can be allocated to the fast track.
False
What types of claims can lead to a trial by jury according to the Civil Procedure Rules?
Claims that satisfy:
* A matter set out in section 66(3) of the County Courts Act 1984
* A matter set out in section 69(1) of the Senior Courts Act 1981
What is the fast track in civil procedure?
The fast track is the normal track for claims if the court considers that:
* The trial is likely to last for no longer than one day
* Oral expert evidence at trial is likely to be limited to one expert per party
What criteria must a claim meet to be allocated to the intermediate track?
A claim must meet the following criteria:
* Suitable for neither the small claims track nor the fast track
* The claim is not more than £100,000
* Includes a claim for monetary relief
* Managed proportionately with a trial not likely to last longer than three days
* Oral expert evidence likely to be limited to two experts per party
