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ADAM TEAR |
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The process by which we enforce our rights normally in respect to money claims, which are considered to have a value below £25,000, and or are relatively complex such that they are dealt with in the Fast Track. This is governed by the Civil Procedure Rules Part 28, and sets out what is expected by the Court. These types of clams will almost always be dealt with in the County Court by a district judge.
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 normally summarily assess the costs of the claim in accordance with rule 44.6 and Section VI of Part 45.
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 normally summarily assess the costs of the claim in accordance with rule 44.6 and Section VI of Part 45.
Landlord and Tenant claims |
Road Traffic Accidents |
Contractual disputes |
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These are types of claims arrive in the Fast Track, when they are suitably complex and or are above £2,000 but less than £25,000. Often tenants will require that work is done on the property to not only make it safe, but also habitable. These claims especially where water has egressed into a property can be expensive, time consuming, as well as legally and factually complex. The costs of not getting it right can be considerable with costs following the event, as they would in a normal civil case. It is essential in these cases that expert evidence is properly organised.
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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 personal injury element of the claim is more than £1,000 the case will be allocated to the Fast Track. 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 £10,000 to £25,000 they are likely to be allocated to the fast track.
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Even in these cases which are considered not to be of the highest value it is often the case that some legal assistance from a litigator and or an advocate with experience of the area, can make the difference between a case that fails and a successful outcome recovering the sums of money sought. If you need legal assistance please do not hesitate to contact Adam, at [email protected], or through the contacts page.