The Track System Flashcards
(21 cards)
What is the purpose of the civil track system?
To allocate civil claims to the appropriate court process based on complexity and value, as introduced by the Woolf Reforms (1999)
What are the 3 tracks?
Small Claims Track
Fast Track
Multi Track
What types of cases go to the small claims track?
Claims under £10,000 or £1000 for personal injury, heard in the County Court, typically by District Judges
What is the value and structure of a Fast Track case?
Claims £10,000-£25,000, heard in County Court by Circuit Judges, with a strict timetable (trial within 30 weeks)
When is the Multi Track used in civil cases?
For complex claims over £25,000 or legally complex issues, heard in County Court or High court, managed by a judge
How is case management conducted in Fast and Multi Track?
Judges manage the case actively by setting deadlines, limiting expert evidence and promoting efficiency
How can a small claims track decision be appealed?
Appeal goes to a Circuit Judge in the County Court, only allowed on law/procedure errors
Where does a Fast Track appeal go?
From a District Judge to a Circuit Judge, or from a Circuit Judge to a High Court Judge
Where are Multi Track appeals heard?
Usually to the Court of Appeal (Civil Division); permission needed, especially for second appeals
How is a claim allocated to a track?
Via a completed Directions Questionnaire, reviewed by a judge under Part 26 CPR
How does the track system improve case efficiency?
Tailors procedure to case value/complexity, avoids delays, and uses judicial time effectively
Counterpoint: Backlogs still occur in Fast and Multi Track cases
Why is small claims track criticised for access to justice?
Legal representation is discouraged, which disadvantages legally untrained litigants
Counterpoint: keeps costs low and process informal
How does the system promote early resolution?
Case management and pre-trial directions encourage ADR and settlement
Counterpoint: some parties feel pressured to settle unfairly
What is a cost-based criticism of higher tracks?
Costs can exceed claim value, especially with legal fees and expert evidence
Counterpoint: Costs can be controlled by judge’s active management
Why is active case management a strength?
Reduces delay and ensures cases are heard promptly
Counterpoint: Judicial inconsistency in approach may affect fairness
What inconsistency exists in the track system?
Different County Courts may allocate similar cases differently
Counter: CPR provides guidelines to reduce this
How is proportionality promoted in the track system?
Track ensures time and cost match the value of the dispute
Counter: Small claims may still feel overly burdensome to claimants
What funding issue affects fairness?
Legal aid is rarely available in civil claims, especially for small claims
Counter: designed to be user-friendly and reduce reliance on lawyers
Is the track system quick?
Small Claims and Fast Tracl have timeframes, promoting fast resolution
Counter: Delays still occur in practice, especially post covid
Is the system easy to understand for litigants?
Many struggle with the Directions Questionnaire or understanding which track is suitable
Counter: Guidance is available and judges make the final allocation
