Three-Track System Flashcards
(17 cards)
What are the three-tracks for civil cases ?
-Small claims track
-Fast-track
-Multi-track
What is the limit for claims in the small claims track ?
The limit for claims used to be £5,000, but has recently been increased to £10,000. However, personal injury and housing cases are limited to £1,000.
Which court is small claims cases heard in ?
-County court
Which type of Judge hears small claims cases ?
-District Judge
How are small claims cases heard ?
-Usually heard in private, but they can be heard in an ordinary court.
What must be stated about legal representation in small claims cases ?
People are encouraged to represent themselves, so the costs are low, however it is possible to have a lawyer to represent you at a small claims hearing, but the winner cannot claim the costs from the losing party.
What is the role of a District Judge in small claims cases ?
District Judges are encouraged to use a more inquisitorial approach and are given special training to deal with small claims. They must play an active role by asking questions and making sure the parties understand everything and are able to explain all the important points of their case.
Which type of disputes fall within the fast-track category ?
Straightforward disputes with claims between £10,000 - £25,000.
Which judge hears fast-track cases ?
District Judge
How is the court procedure different in fast-track cases compared to small claims ?
The case is heard in an open court with a more formal procedure than for small claims. And the case is heard within a very strict timetable to prevent time wasting and running up unnecessary costs.
How long does it take to resolve a fast track case from start to finish ?
The case is aimed to be heard within 30 weeks from pre-trial matters being dealt with, but in reality, it usually takes 50 weeks. And the trial itself should last one day.
How many expert witnesses are permitted in fast track cases ?
One
Which type of disputes fall between the multi-track category ?
For cases over £25,000 or for complex cases under this amount.
Which courts can multi-track cases be heard in ?
Usually the county court, however the High court can also be used.
How is it decided which courts multi-track cases go to ?
Cases between £25,000 - £50,000 are usually heard in the County Court, but can go to the High Court if they involve complex points of law. And any cases over £50,000 generally go to the High Court.
Which type of Judge hears multi-track cases ?
Circuit Judges
What is a Circuit Judges role in a multi-track case ?
The judge has more of a managerial role and is responsible for identifying the issues at an early stage, encouraging the parties to seek ADR, dealing with procedural steps without the parties needing to attend court, and setting a strict timetable to prevent waste of costs.
