Tracks Flashcards

1
Q

What is the maximum claim value for the small claims track?

A

£10,000

This is applicable to claims where the value does not exceed this amount.

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2
Q

What is the maximum claim for personal injuries arising from a road traffic accident in the small claims track?

A

£5,000

This applies specifically to claims for personal injuries from road traffic accidents, unless exceptions apply.

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3
Q

What is the maximum claim for personal injuries in circumstances specified in rule 26.10?

A

£1,000

This is for claims related to personal injuries from road traffic accidents under certain conditions.

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4
Q

What is the maximum claim for personal injuries in any case other than RTAs?

A

£1,500

This applies to personal injury claims that do not fall under the road traffic accident category.

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5
Q

What type of claims can a tenant make against a landlord under the small claims track?

A

Claims for repairs or other work costing not more than £1,000

This includes claims for damages not exceeding £1,000.

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6
Q

What does ‘damages for personal injuries’ include?

A

Compensation for pain, suffering, and loss of amenity

It excludes any other types of damages claimed.

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7
Q

What is defined as a ‘road traffic accident’?

A

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.

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8
Q

What is the normal track for claims valued at more than £10,000?

A

Fast track

Claims that do not qualify for the small claims track are allocated to the fast track.

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9
Q

What is the maximum claim value for the fast track?

A

£25,000

This is for monetary relief claims or claims that include non-monetary relief.

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10
Q

True or False: The small claims track can include claims for harassment or unlawful eviction.

A

False

The court must not allocate such claims to the small claims track.

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11
Q

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 _______.

A

[claimant]

This definition also applies to claims for personal injuries to others or in respect of a person’s death.

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12
Q

What is the fast track in civil procedure?

A

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

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13
Q

What criteria must a claim meet to be allocated to the intermediate track?

A

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

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14
Q

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.

A

multi-track

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15
Q

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.

A

False

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16
Q

What must a court consider to allocate a claim to the multi-track?

A

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

17
Q

What is the maximum claim value for it to be considered for the intermediate track?

A

The claim must not be more than £100,000

18
Q

What are the conditions under which a claim for clinical negligence may be allocated to the intermediate track?

A

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

19
Q

Fill in the blank: The court may allocate a claim to the intermediate track if it considers it to be in the _______ of justice.

A

interests

20
Q

What is the purpose of the Pre-Action Protocol in clinical disputes?

A

To resolve clinical disputes before they escalate to formal claims

21
Q

True or False: A claim for damages in relation to harm, abuse, or neglect can be allocated to the fast track.

A

False

22
Q

What types of claims can lead to a trial by jury according to the Civil Procedure Rules?

A

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

23
Q

What is the fast track in civil procedure?

A

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

24
Q

What criteria must a claim meet to be allocated to the intermediate track?

A

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

25
Q

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.

A

multi-track

26
Q

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.

A

False

27
Q

What must a court consider to allocate a claim to the multi-track?

A

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

28
Q

What is the maximum claim value for it to be considered for the intermediate track?

A

The claim must not be more than £100,000

29
Q

What are the conditions under which a claim for clinical negligence may be allocated to the intermediate track?

A

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

30
Q

Fill in the blank: The court may allocate a claim to the intermediate track if it considers it to be in the _______ of justice.

A

interests

31
Q

What is the purpose of the Pre-Action Protocol in clinical disputes?

A

To resolve clinical disputes before they escalate to formal claims

32
Q

True or False: A claim for damages in relation to harm, abuse, or neglect can be allocated to the fast track.

A

False

33
Q

What types of claims can lead to a trial by jury according to the Civil Procedure Rules?

A

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