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claim cases were heard in private). The use of solicitors is discouraged because the costs of legal representation cannot be recovered from the losing side. There may be a paper adjudication if the judge thinks it appropriate and the parties agree. This approach will often be used where the legal issues and evidence is clear cut, and the parties bring documents they wish to use. In such cases the court will decide the case 'on the papers' without requiring oral evidence or legal argument.
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who will normally use an interventionist approach. This is an approach that allows the court to try to intervene in helping the parties to agree with one another in sorting out the case. Cases are dealt with in a relatively informal way and are now heard in open court (prior to the 1999 reforms small
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is controlled by the court as its permission is needed for any party to use an expert to give evidence. All time limits are strictly enforced. The court may in the directions fix a trial date, or order a trial window (approximate date for the trial) with a date being fixed by the court closer to the
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There must also be a
Statement of Truth as to the facts in the particulars of the claim. The claim form and the particulars of the claim must be served on the defendant. Service may be carried by the court or the claimant, and can be made personally, by post, by fax, by e-mail or other electronic
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There is no standard procedure for Pre-Trial
Directions in the Multi Track, and the judge has discretion to use a number of case management approaches, including case management conferences and pre-trial reviews. The aim is to identify the issues as early as possible and, where appropriate, to try
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All other cases require a process of 'Pre-Trial
Directions' being a timetable for the ongoing management of the case. The idea is to simplify the case for the court. The Fast Track mandates a maximum delay of 30 weeks between the setting of Directions, and the trial date. Normally only one expert
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Parties are encouraged to disclose the facts of their case prior to starting any court case. The relevant Pre-Action
Protocol must be followed. All claims less than £15,000 must be started in the County Court. Claims for more than this amount can be started in either the High court or the County
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trial window period. In the Multi Track there is usually some degree of flexibility to shift the date of a specific direction but, once a trial date is fixed, the court is very unlikely to agree to an adjournment without a compelling reason.
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Most type of claims are started by issuing a Part 7 claim form in which the claimant states the particulars of case, or attaches the particulars to the claim form, or serves them separately within 14 days of the claim form being served.
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witness is allowed and, if the parties cannot agree on an expert, the court has the power to appoint one. The expert's evidence will be given in writing. There are fixed costs for the advocate at the trial.
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The Civil
Procedure Rules 1998 set out the rules for each stage of a case. The Rules aim to ensure that, when people sue or are sued, they obtain justice.
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which substantively answers the claim. It is not enough to simply deny the claim. A defence that simply denies is likely to be struck out by the court.
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The
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If a party is dissatisfied with the allocation decision an application can be made to court for the claim to be re-allocated.
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Most claims under £10,000. Note: the normal limit for housing disrepair cases and personal injury claims is £1,000.
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At any point before or during proceedings, either party may make a part 36 offer to settle the claim for damages.
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Claims for over £25,000, or for lesser money sums where the case involves complex points of law and/or evidence.
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After the defence has been filed, the court sends to all parties a directions questionnaire. This helps the
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adopted an overwhelmingly unified body of rules as a result of the
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for matrimonial-related disputes and cases relating to children.
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specific issues prior to the main trial. The number of expert
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All defended cases are allocated to one of three tracks:
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decide the track to which the case should be allocated.
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on 26 April 1999. These are collectively known as the
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and in all but some very confined areas replaced the
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