Pre-Trial Procedure of a Civil Claim, including 3 Tracks. (8 marks)

Question 1

Where does it come from?

Answer 1

• Reformed by Civil Procedure Rules 1999.

Question 2

What is the Pre-Action Protocol?

Answer 2

• Information and documents exchanged, parties encouraged to used ADR, such as mediation.
• If no settlement agreed, use Ministry of Justice “Money Claim Online”. Includes filing a court claim and paying a fee. Can choose how to pay, or file a defence (N9) or Acknowledgement of Service.

Question 3

What happens next?

Answer 3

• Case allocated to one of 3 tracks after allocation questionnaire has been completed..

Question 4

What is the Small Claims Track?

Answer 4

• Deals with any claim £1,000-£10,000 for personal injury (not Road Traffic) or landlord/tenant cases
• Heard in County Court by District Judge/Circuit Judge. Limited witnesses, time limits. Advised not to use lawyers.

Question 5

What is the Fast Track?

Answer 5

• Deals with cases £10,000-£25,000, for personal injury (not Road Traffic) or landlord/tenant.
• Cases heard in County Court by District/Circuit Judge. Strict time limit of a day, restricted witnesses. Lawyers involved.
• Heard within 30 weeks of allocation.

Question 6

What is the Multi-Track?

Answer 6

• Cases over £25,000
• Start in County Court before Circuit Judge, sent to High Court if complex.
• Judge sets strict timetable, including evidence and witnesses and length. Lawyers involved.