Scribd
Upload
3 views

Civil Procedure Part 3

The document outlines the allocation of cases in civil procedure, detailing the three tracks: Small Claims, Fast Track, and Multi Track, based on the value of claims. It describes the allocation procedure, factors influencing allocation, and specific features of each track, including case management directions and disclosure requirements. Additionally, it highlights the importance of timely completion of pre-trial checklists and the management of costs in multi-track cases.

Uploaded by

bailan71
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
3 views

Civil Procedure Part 3

The document outlines the allocation of cases in civil procedure, detailing the three tracks: Small Claims, Fast Track, and Multi Track, based on the value of claims. It describes the allocation procedure, factors influencing allocation, and specific features of each track, including case management directions and disclosure requirements. Additionally, it highlights the importance of timely completion of pre-trial checklists and the management of costs in multi-track cases.

Uploaded by

bailan71
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 20

Civil Procedure

Part 3
ALLOCATION TO TRACK
CASE MANAGEMENT
DISCLOSURE AND INSPECTION
ALLOCATION (CPR PART 26)
• Case management - central to the CPR
• To meet overriding objective to ensure
cases dealt with justly
Dealing with a case in ways which are
proportionate
Ensuring cases dealt with
expeditiously & fairly
• The start of a journey….
THREE TRACKS
 Small Claims - cases
worth less than £10,000
 Fast Track - between
£10,000 & £25,000
 Multi Track - over
£25,000
 Non monetary claim –
allocated to most
suitable track
ALLOCATION PROCEDURE

• After defence filed (or last defence if more


than one Def), court serves notice of
proposed allocation
• Parties complete & file directions
questionnaire (Cl pays fee)
• Parties should co-operate in completing
questionnaires
• Transfer to Cl’s ‘preferred court’ (or Def’s
‘home’ court if applicable)
ALLOCATION – Value of Claim
• Starting point is amount (remaining) in
dispute, excluding interest, costs,
• Court will not allocate to lower track than
financial value indicates without consent of
parties
• Court may allocate to higher track than
financial value indicates
ALLOCATION - Factors
• Financial value
• Nature of remedy sought
• Complexity of facts, law or evidence
• Number of parties or likely parties
• Value & complexity of counterclaim
• Amount of oral evidence required
• Importance of claim to non-parties
• Views and circumstances of parties
SMALL CLAIMS TRACK – Part 27
 Normal track for cases
worth up to £10,000
 Personal Injury claim –
where damages for
pain and suffering do
not exceed £1,000 (and
value of case does not
exceed £10,000)
FEATURES OF SMALL CLAIMS
TRACK
• Matter should be disposed of within 6
months of case starting
• No expert evidence without court’s
permission (if allowed then in written form)
• Many rules of procedure and evidence do
not apply
• All hearings, including trial before a District
Judge
• Legal costs are generally not recoverable
FAST TRACK (CPR PART 28)
 Value between
£10,000 & £25,000
 Simplified &
accelerated
procedure in
County Court
FEATURES OF FAST TRACK
• Value - £10,000 to £25,000
• Trial to last no longer than one day
• Oral expert evidence limited to one
per party in any field and max. of two
fields
• Court encourages joint experts
CASE MANAGEMENT DIRECTIONS
• Directions are instructions to parties
to carry out certain tasks within
specified time limits in order to
prepare for trial
• These are given:-
 On allocation to fast track
 On filing of pre-trial checklists
TYPICAL TIMETABLE OF STANDARD
DIRECTIONS
• Disclosure of documents - 4 weeks after
allocation
• Exchange of witness statements - 10 weeks
• Exchange of experts’ reports – 14 weeks
• Court sends pre-trial checklists (aka listing
questionnaires - 20 weeks
• Pre-trial checklists filed – 22 weeks
• Hearing - 30 weeks from date of directions
PRE-TRIAL CHECKLISTS

• Next point of case management


• Informs court what has happened since
directions given
• Enables judge to determine whether
there should be change in allocation
• Upon receipt, court will fix trial date (if
not already done) and issue further
directions (if required)
MULTI-TRACK (CPR PART 29)

• Cases valued at
£25,000 and over
• Case management
powers of the courts
HALLMARKS OF THE MULTI-TRACK
• Customised case management:
 ability of court to deal with cases of
widely different values and complexity

 flexibility to manage a case in a way


appropriate to its particular needs

• Case Management Conferences

• Costs Budgets
COSTS MANAGEMENT
• Only in multi-track cases
• Budgets filed and exchanged before
directions order or 1st CMC
• Sanction – only court fees recoverable
• Costs budget format:
Use form “Precedent H”
Verify by Statement of Truth by
party’s senior legal representative
DISCLOSURE & INSPECTION
• Disclosure – informing other party
that a document exits or has existed

• Inspection – allowing the other party


to inspect the document and/or be
given a copy

• Document – anything upon which


information is recorded
STANDARD DISCLOSURE: CPR 31.6
“Standard disclosure requires a party to disclose only
(a) the documents on which he relies;

(b) the documents which


(i) adversely affect his own case,
(ii) adversely affect another party’s case, or
(iii) support another party’s case; and

(c) the documents which he is required to disclose


by any relevant practice direction.”
INSPECTION

Right to inspect disclosed document


unless:
•no longer in party’s control
•disproportionate to the issues in the
case
•right or duty to withhold inspection
WITHHOLDING INSPECTION
• Public Interest Immunity
• Privilege against self-incrimination
• Legal Professional Privilege
Advice privilege
Litigation Privilege
• Document is a without prejudice
communication
• Waiver of privilege

You might also like