The process by which we enforce our rights normally in respect to money claims, but often in the Multi Track and or specialist High Court cases, there is no specific monetary value at all. Generally if there is a money value these will be over £25,000, or very complex types of cases, or a case which will generally last longer than one day.
The multi-track is governed by the Civil Procedure Rules Part 29, and sets out what is expected by the Court. These types of clams will in the majority be dealt with in the County Court by a Circuit Judge, but may be dealt with in the High Court. Claims over £100,000 or being dealt with by a specialist Court will generally be sent to the High Court.
The trial will be managed in accordance with directions given for the listing. These directions will normally be generated by the Court staff at the direction of a judge, using standard directions. At the trial itself will normally take place at the court where the case is being managed, but it may be at another court if it is appropriate having regard to the needs of the parties and the availability of court resources.
The judge will generally have read the papers in the trial bundle and may dispense with an opening address. The judge may confirm or vary any timetable given previously, or if none has been given set his own. The Court has the power under Part 32 to control evidence and to restrict cross-examination, and that witness statements to stand as evidence in chief. At the conclusion of the trial the judge will if appropriate assess the costs of the case.
The multi-track is governed by the Civil Procedure Rules Part 29, and sets out what is expected by the Court. These types of clams will in the majority be dealt with in the County Court by a Circuit Judge, but may be dealt with in the High Court. Claims over £100,000 or being dealt with by a specialist Court will generally be sent to the High Court.
The trial will be managed in accordance with directions given for the listing. These directions will normally be generated by the Court staff at the direction of a judge, using standard directions. At the trial itself will normally take place at the court where the case is being managed, but it may be at another court if it is appropriate having regard to the needs of the parties and the availability of court resources.
The judge will generally have read the papers in the trial bundle and may dispense with an opening address. The judge may confirm or vary any timetable given previously, or if none has been given set his own. The Court has the power under Part 32 to control evidence and to restrict cross-examination, and that witness statements to stand as evidence in chief. At the conclusion of the trial the judge will if appropriate assess the costs of the case.
High Court
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Road Traffic Accidents |
Contractual disputes |
The High Court will generally deal with matters which are over £100,000, and or exceptionally complex or fall within once of the specialisms of the High Court. The High Court will deal with interim remedies such as Freezing Orders, search orders or gagging orders. The Chancery division will deal with Trusts, probate, pensions, competition law, and court funds. Technology and Construction Court deals with claims about services provided by engineers, architects, surveyors and other professionals, claims about local authority duties relating to land and buildings, environmental claims, claims resulting from fires, challenges to decisions of arbitrators in construction and engineering disputes
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A day to day risk of driving is that someone will collide with your car or you with theirs. Where the damages are in excess of £25,000, the case will usually be allocated to the Multi Track in the County Court. This will require greater preparation of the claim, to ensure that the judge is able to pre-read documents. This does not mean that it is uncomplicated, for instance the issue of hire purchase continues to take considerable time for parties to consider and a lot of case law in respect to these issues.
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Often a party proving a service is not paid for those services for one reason or another. After relevant warnings a party may seek to recover the money owed and enforce the contract. Equally a party that has paid but not received the services may seek to recover the money paid. The issues range from clear acceptance of work done, no dispute, simply no payment, to counter claims worth more than the original contract was worth due to loss caused. When these disputes range from between £25,000 to £100,00 these will be dealt with in the County Court before a circuit judge.
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In the majority of these cases the parties will be assisted by being represented by a litigator and an advocate. If you need legal assistance please do not hesitate to contact Adam, at [email protected], or through the contacts page.