Case management- Track allocation-FS Flashcards

(9 cards)

1
Q

What is the primary criterion for allocating a claim to the small claims track under the Civil Procedure Rules?

A

The claim must have a financial value of not more than £10,000, subject to exceptions such as personal injury or housing repair claims.

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2
Q

What is the financial threshold for allocating personal injury claims to the small claims track?

A

The total claim must be less than £10,000, and the element of pain, suffering, or loss of amenity must not exceed £5,000.

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3
Q

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?

A

The small claims track.

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4
Q

What types of claims are excluded from the small claims track even if they fall within the financial threshold?

A

Certain claims in respect of harassment or unlawful eviction are excluded.

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5
Q

When is the fast track the normal track for a claim under the Civil Procedure Rules?

A

When the claim:

  1. Exceeds £10,000 but does not exceed £25,000;
  2. The trial is likely to last no more than one day; and
  3. Expert evidence is limited to one expert per party per field, in up to two fields.
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6
Q

What are the key criteria for a claim to be allocated to the multi-track?

A

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.
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7
Q

What happens if a personal injury claim includes an element for pain, suffering, or loss of amenity above £5,000?

A

The claim will be allocated to either the fast track or multi-track, depending on total value and complexity.

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8
Q

What is the key difference between fast track and small claims track in terms of trial complexity?

A

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.

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9
Q

Why was the personal injury claim involving £2,000 in physio bills allocated to the small claims track in the sample question?

A

Because the total value was under £10,000 and there was no claim for pain, suffering, or loss of amenity exceeding £5,000.

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