Friday, August 23, 2019
Civil cases Essay Example | Topics and Well Written Essays - 1000 words
Civil cases - Essay Example There are various factors in consideration before a case is allocated; case complexity, parties involved, financial worth of the claim, oral evidence, significance of claim to other people, kind of remedy being sort, and views of other parties. Cases allocated to this track are worth à £10,000 or less (Freer, 2006). These are the straightforward cases which do not require a prehearing procedure like in the case of a normal trial. Small claims cases incur a small legal cost. Cases in small claims include accident claims, consumer disputes, ownership of goods disputes, and disputes between tenants and landlords. Some cases however are not included in this claim even though they are worth less than the stated amount. These include, personal injury claim whose value for loss and suffering is more than à £ 1,000, repair claims by tenants of more than à £ 1,000, and disputed allegation claims (Freer, 2006). Cases allocated to the small claims track have restrictions on recovery costs and evidence. Hearing is short and the concerned parties represent themselves. Fast claims cases are worth up to à £ 25,000 in value (Freer, 2006). They have certain conditions that make them allocated to this claim. It is a requirement that the cases should not last for than one day, and that parties should have expert representatives in two areas of the case. Normal cases to allocate to the fast track include; personal injuries with a value of up to à £25,000, personal injuries with claims of pain worth more than à £1,000, and repair claims by tenants worth more than à £1,000 (Freer, 2006). As the trial is restricted to one day, it does not allow opening speeches. The multi claims track involves cases which have a value exceeding the fast track limit or other cases that have less value but are termed to be complex or too important to be allocated to the fast track and small claims. In essence multi track cases have a value exceeding à £25,000 (Freer, 2006).
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