For Example Heathrow solicitors for instance have qualified consultants offering free legal advice on all cases civil law related in addition to this Heathrow solicitors deals with cases where the behaviour of an individual or other private party, an example of this could be corporation results in the client losing out on a product or service.
However The categories of cases that we take on at Heathrow Solicitors include breach of contract, negligence resulting in injury or death, and property damage.
We at Heathrow Solicitors can provide you with guidance on the specific steps to be taken in your civil claim.
Therefore Has your case been allocated to a ‘Track’, what are they?. In addition to this we provide a detailed breakdown.
Civil Law- THE TRACKS
As a result of this If the claim is a small claims track claim, the parties will be expected to complete a DQ specifically designed for cases likely to be allocated to the small claims track.
For example Only very limited costs for legal representation are recoverable in the small claims track and therefore the client will need to take this into account when giving his instructions to proceed.
THE SMALL CLAIMS TRACK
What cases are likely to be allocated to the small claims track?
Civil Law Cases that have an upper limit value of £10,000 will be those allocated to the small claims track,
for example in the following Civil Law cases;
1. personal injury cases, in which the upper financial limit in this track is £1,000 in value of damages for pain, suffering, and loss of amenity;;
2.claims by a residential tenant against his landlord for repairs or other work to the premises, with an upper limit of £1,000 in value of those repairs and an upper limit of damages;
3. Cases involving claims against landlords for harassment or unlawful eviction;
4. Disputes involving an allegation of dishonesty.
Once the court office has determined that a case is suitable for the small claims track it will send Form N149A to the parties, who will therefore be required to complete the DQ Form N180. Form N181 will be used for cases allocated to other tracks.
Civil Law- THE FAST TRACK
Governs the procedure of cases in the fast track. Cases in this track of Civil Law are;
1. have a monetary value of between £10,000 (£1,000 in the personal injury, landlord and tenant, and other claims detailed in paragraph 220.127.116.11) and £25,000;
2. have no monetary value (these could include a claim for an injunction, specific performance, or a declaration), which the court considers suitable for this track (and which do not require the more complex treatment that may be given in the multi track)
3. Any other case, irrespective of its monetary value, which the court considers is suited to this track; and
4. cases that the parties elect to be in this track (and where the court agrees that it is appropriate to manage the case in this track)
5. Trials take place within 30 weeks of allocation.
For instance Once a case is issued and the court office indicates that it is likely to be allocated to the fast track, it will issue a notice of intended allocation in Form N149B (FT).
Procedures for completing form N181
On receipt of this for instance however the parties will need to consider the following procedure and standard directions. Parties will need to;
1. Accept allocation to this track and download and complete the DQ. In the fast track the DQ will be in form N181.
Parties must send a copy of the completed form to the court and all parties. Parties for instance are therefore an obligation to consult with each other when completing their DQ. In considering and completing the DQ, parties may have regard to the standard directions set out in CPR 28.
Parties are encouraged to agree directions, and where these agreed directions enable the case to proceed within fast track principles, the court is likely to make the directions orders requested.
2. The court will restrict expert evidence and if expert evidence is permitted, the emphasis will be on joint experts and written but not oral, evidence from the experts at the trial.
Any party seeking expert evidence will need to provide justification for it and provide an estimate of the likely cost.
Cost capping is likely to be applied to any expert evidence in this track.
Civil Law- The Multi Track
1. have a value over £25,000;
2.have for exam a value of less than £25,000 but in which the trial will last for more than one day; and
3. are complex or important cases of any, or no. value where it is appropriate for them to be dealt with in this track.
Cases to the multi track may be issued in the County court or the High court (or district registry of the High court), but note CPR 7A 2.1 and 2.2.
The financial value of cases in the multi track will not be the only criterion to be applied when considering its suitability for this track, and CPR 26.8 sets out additional criteria that will be applied.