Case management- Track allocation-FS Flashcards
(9 cards)
What is the primary criterion for allocating a claim to the small claims track under the Civil Procedure Rules?
The claim must have a financial value of not more than £10,000, subject to exceptions such as personal injury or housing repair claims.
What is the financial threshold for allocating personal injury claims to the small claims track?
The total claim must be less than £10,000, and the element of pain, suffering, or loss of amenity must not exceed £5,000.
Which track is used for residential tenant claims for repairs where the works cost under £1,000 and the overall value is under £1,000?
The small claims track.
What types of claims are excluded from the small claims track even if they fall within the financial threshold?
Certain claims in respect of harassment or unlawful eviction are excluded.
When is the fast track the normal track for a claim under the Civil Procedure Rules?
When the claim:
- Exceeds £10,000 but does not exceed £25,000;
- The trial is likely to last no more than one day; and
- Expert evidence is limited to one expert per party per field, in up to two fields.
What are the key criteria for a claim to be allocated to the multi-track?
Claims where:
- The value exceeds £25,000,
- The facts or legal issues are complex, or
- The trial length or volume of expert evidence makes fast track unsuitable.
What happens if a personal injury claim includes an element for pain, suffering, or loss of amenity above £5,000?
The claim will be allocated to either the fast track or multi-track, depending on total value and complexity.
What is the key difference between fast track and small claims track in terms of trial complexity?
Fast track is for trials up to one day with limited expert evidence, whereas small claims are for simpler, lower-value disputes often handled by litigants in person.
Why was the personal injury claim involving £2,000 in physio bills allocated to the small claims track in the sample question?
Because the total value was under £10,000 and there was no claim for pain, suffering, or loss of amenity exceeding £5,000.