Civil Litigation SGS 11 Track allocation and case MGMT

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billsykes
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206358
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Civil Litigation SGS 11 Track allocation and case MGMT
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2013-03-11 12:24:59
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Civil Litigation
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Civil Litigation
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  1. Janelle trips over a paving stone. Her claim for pain, suffering and loss of amenity amounts to £1,500 and her claim for special damages is for £3,000. Which ONE of the following is the normal track for this claim:

    [A] The small claims track. 

    [B] The fast track.

    [C] The multi-track.

    [D] There is no normal track for this type of claim.
    [B] The fast track.

    [[B] is CORRECT. See CPR Rule 26.6 (1) (a). Janelle’s claim for pain, suffering and loss of amenity is in the sum of £1,500 and is therefore more than sum £1,000 and normally therefore outside of the small claims track]
  2. Which ONE of the following is CORRECT:

    [A] The court always holds an allocation hearing before deciding the track to which a claim should be allocated.

    [B] All claims issued on or after 6th April 2009 with a financial value of between £5,000 and £25,000 will be allocated to the fast track.

    [C] In respect of all claims issued on or after 6th April 2009 the court has no discretion to allocate a claim with a financial value of below £25,000 to the multi-track.

    [D] The court will not allocate a claim issued on or after 6th April 2009 with a financial value of over £25,000 to the fast track unless all parties consent to the allocation to that track.
    [D] The court will not allocate a claim issued on or after 6th April 2009 with a financial value of over £25,000 to the fast track unless all parties consent to the allocation to that track.

    With regard to a claim with a financial value between £5,000 and £25,000, it is incorrect that ‘all’ claims will be allocated to the fast track. There are other matters relevant to allocation to a track (see CPR Rule 26.8) that could cause a court to consider that a claim cannot be dealt with justly on the fast track with a financial value between these ranges (and therefore should be allocated to the multi track).
  3. Comfy Furnishings Ltd designed, made and delivered a 3-piece suite to Nick for a price of £4,000. Nick has refused to pay, because he claims that the suite is defective and not what he ordered. Comfy Furnishings Ltd wish to sue for payment. They have an expert sofa maker, Janice, who has prepared an expert report and can give evidence that the sofa is not defective. The claim is allocated to the small claims track. The Court has granted permission for such expert evidence to be adduced. Which ONE of the following is the WRONG advice regarding the likely procedure on a claim of this nature:

    [A] The court hearing will be informal and the strict rules of evidence will not apply.

    [B] Janice can give evidence with the permission of the court, but none of her fee will be recoverable from Nick.

    [C] Comfy may recover legal costs from Nick if the court decides Nick has behaved unreasonably in the proceedings.

    [D] It is likely that the court will order Janice to prepare a report to be disclosed to Nick no later than 14 days before the hearing.
    [B] Janice can give evidence with the permission of the court, but none of her fee will be recoverable from Nick.

    [[B] is WRONG (up to £200 of Janice’s fee would be recoverable) and is therefore the CORRECT answer. See CPR Rule 27.14 (2) (f) and Practice Direction 27 (‘PD 27’) Paragraph 7.3(2)]
  4. Which ONE of the following is CORRECT in respect of fast track cases:

    [A] On allocation of the case, the court always gives standard directions. 

    [B] The parties can file agreed directions, but they would need to be approved by the court. 

    [C] Immediately after allocation, the court will send out a pre-trial checklist for completion by both parties so that the court can fix a trial date.

    [D] Immediately after allocation, the court will hold a listing hearing in order to fix a trial date.
    [B] The parties can file agreed directions, but they would need to be approved by the court.

    [[B] is CORRECT. See PD 28 Paragraphs 3.5, 3.6. 3.7 and 3.8 inclusive]
  5. What is allocation?
    Its the preliminary stage of case management where the court determines what track the claim should proceed in.
  6. What are the three types of track?
    Small claims track

    Fast Track

    Multi-track
  7. Is there such thing a automatic allocation? Why?
    No.

    Each case requires a judicial decision to determine which track it will proceed in.
  8. How does the allocation procedure work?
    The court will send out allocation questionnaires to the parties once a defence has been filed.

    Allocation questionnaires are made up of factual questions about the case.
  9. Generally, how long after a defence is filed must the allocation questionnaires be completed by the parties?
    14 days
  10. What is the purpose of an allocation questionnaire and might any further steps be needed by the court?
    The purpose is to obtain information about the case from the parties so that the case can be allocated to the correct track.

    The court may decide it needs an allocation hearing if more information is needed before the claim can be allocated.
  11. What factors will the court bear in mind when allocating a track?
    Financial value of the claim

    Nature of remedy

    Complexity of the claim

    Number of parties

    Value of counterclaim

    Is it in the public interest?

    Circumstances of the parties.

    BASICALLY - ALL THE FACTORS, not just value

  12. When considering the value of a claim (one of the main elements) what factors does the court disregard?
    Any money not in dispute

    Interest

    Costs

    Contributory Negligence
  13. What are the elements of the small claims track?
    Claims of less than £5,000

    Personal Injuries claims, PSLA must be less than £1,000

    Cost of evidence should not exceed £500

    Usually takes place in public in a judges chambers
  14. What are the elements of the fast track?
    Starting track for claims not allocated to the small claims track

    Value of claim not more than £25,000 (if made on or after 6th April 2009 - if before then £15,000)

    Trail will last longer than 1 day? Not really suitable for fast claim track. (1 day = 5 hours in 'court time')

    Court limits expert evidence

    • Only fixed trial costs are recoverable
  15. What are the elements of the multi tract?
    For claims that do not fall into the small claims or fast track - over £25,000

    Part 8 Claims

    Complexity of case - mate take some time to get through.
  16. What is a case management conference?
    Designed to review steps which the parties have already taken and to identify the next steps the parties will need to take in order to progress the claim.

    Can occur at any stage of the claim but is most common at pre trial stage of multi track hearings to give directions to parties.
  17. Are there such things as standard directions in the multi track?
    No.

    But the court must comply with all the standard directions in relation to getting the case ready for trial:

    Disclosure and inspection of documents

    Witness statements

    Expert evidence
  18. What are the restrictions on calling expert evidence in the three tracks?
    Multi track: no restrictions - but the court still like single joint experts

    Fast track: max of 1 expert per party per expert field, and a max of 2 expert fields

    Small claims track: Rare - but cost should not exceed £200

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