Someone recently bought our

students are currently browsing our notes.

X

Track Allocation Disclosure Inspection Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Track Allocation Disclosure Inspection notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Track Allocation Track Allocation There are three tracks:

1. Small Claims Track ("SCT")

2. Fast Track ("FT")

3. Multi-Track Claims ("MCT")

When is track decided?

*

After D files DS per r26.3.

*

*

If more than one defendant, allocation will be determined when:

*

All Ds have filed their DS; or

*

When period for filing last DS has expired, whichever is sooner. (r26.3(2))

If a claim is referred to Small Claims Mediation Service under r26.4A but has not been notified of any settlement, the court will presume the case is continuing and allocate within 4 weeks from the date on which the last DQ is filed (r26.5(2A) and PD263A.1.)

The Court Officer will provisionally allocate the claim and will serve Notice of Proposed Allocation on each party requiring parties to file & serve completed DQ per r26.3.

*

Applications for strike out/summary judgment should be made before or when filing DS. Track dealt with after hearing his application.

*

Court can dispense with need for DQ - PD26(2.4).

*

The Court will allocate to track after DQ is received unless stayed (eg: for Mediation) per r26.5.

*

Court may hold Allocation Hearing if it thinks necessary r26.5(4) PD26(6.1) - 7 days notice will be given.

*

Court may subsequently reallocate (r26.10)

What is contained in the DQ?

*

Parties must consult one another and cooperate (PD26(2.3)(1));

*

Parties must seek to agree CMC Directions (PD26(2.3));

*

All Directions for FT must be based on Pt 28.

*

All Directions for MTC are on the website.

Factors Governing Track Allocation: r26.8 specifies the following factors:

*

Financial Value of claim in dispute;

*

It is for court to determine. When valuing, the court must disregard:

*

Any amount not in dispute;

*

Any claim for interest, costs, contributory negligence (r26.8(2)(d)).

*

Court may order C to justify the amount if it feels C has exaggerated his claim (PD26(7.3))

*

Nature of remedy;

*

Complexity;

*

Number of Parties;

*

Value of counterclaim/Pt 20 and complexity;

*

Amount of oral evidence required;

*

Important of claim to non-parties;

*

Views expressed by parties;

*

*

Parties views are important, but decision is for court.

*

Prior to 1 April 2013, parties' views were binding. (Old r26.7(3)).

Circumstances of parties;

If 2+ Cs started against same D with same CF, and each has a claim against D separate from other C, court will consider claim of each C separately. (r26.8(3)).

Differences between Tracks Small Claims Track

Fast Track

Multi-Track Claims

Limits

r27.1(2): PI Claims valued

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples