The Three-Track System Flashcards
(22 cards)
What are the three tracks in the civil court system?
Small claims track, fast track, multi-track.
What is the current limit for small claims?
£10,000 (used to be £5,000).
What is the limit for personal injury and housing disrepair cases in the Small Claims Track?
£1,000.
Where are small claims cases heard and by whom?
In the County Court by District Judges.
Are small claims hearings private?
Usually yes, but they can be held in an ordinary (open) court.
Are people encouraged to have legal representation in Small Claims Court?
No, people are encouraged to represent themselves to keep costs low.
Can a lawyer be used in a small claims case?
Yes, but the winning party cannot recover legal costs from the losing party.
What role does the District Judge play in small claims cases?
A more curious role — asking questions, ensuring understanding, and helping parties explain key points.
Do District Judges get special training for small claims?
Yes, they receive special training to handle small claims cases effectively.
What is the claim value range for the Fast Track?
£10,000 to £25,000.
What kind of disputes go to the Fast Track?
Straightforward cases.
Where are Fast Track cases usually heard and by whom?
In open court by a District Judge.
What is the trial procedure like in Fast Track cases?
More formal than small claims but less complex than multi-track.
What is the goal for the timeframe of a Fast Track case?
To be heard within 30 weeks after pre-trial matters — although it often takes around 50 weeks.
How long should a Fast Track trial last?
No more than one day.
How many expert witnesses are allowed in Fast Track cases?
Usually limited to one expert witness.
What types of cases go to the Multi-Track?
Cases over £25,000, complex cases under £25,000.
Where are cases between £25,000–£50,000 usually heard?
In the County Court.
Can Multi-Track cases between £25,000–£50,000 go to the High Court?
Yes, if the case involves complex points of law.
Who hears Multi-Track cases?
A Circuit Judge.
What kind of role does the judge have in Multi-Track cases?
A managerial role — including: identifying issues early, encouraging ADR (Alternative Dispute Resolution), managing procedural steps without needing court attendance, setting strict timetables to reduce unnecessary costs.
Where are cases over £50,000 usually heard?
In the High Court.