Small claims, Fast and Multi track

Small claims

Small claims are normally used for disputes under £5000 except for personal injuries cases and housing cases where the limit is usually £1000.
The district judge is encouraged to be more inquisitorial & take an active role, asking questions & making sure both parties explain their points.

Advantages:

low costs
If you lose the case you will not have to pay the othersides court costs
Do not need legal aid & can take the case themselves
Proceedure is quicker than for other cases. In 2008 it took 28 weeks from the issue of the claim to hearing, compared to 48 weeks for fast-track cases
Case managed by a district judge

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Disadvantages:

Allocation fee of £35 for claims over £1,500
No free legal aid avalible
Only 60% of cases won have recieved any of the money awarded at court
If the other side is a business they are likely to have a lawyer this can leave the unrepresented claiment at a disadvantage
District judges are not always helpful to unrepresented claiments

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Fast-track is normally used for straightforward disputes of £5000 - £25000. presonal injuries and housing cases worth £1000 - £25000 are also dealt with.
Before Lord Woolfs reforms the average wait for cases in 1998 was 85 weeks from issue of a claim to a hearing in court
Cases often ended up costing more than the amount being claimed
In 2008 the wait from issue of cliam to hearing was 48 weeks
The trial will be heard by a circut judge
The hearing is limited to one day in court and the number of witnesses restricted, usually with only one expert witness allowed
once a case is set down for hearing the aim is to have the case heard within 30 weeks

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For claims of more than £25000 the case will be allocate to the multi-track
If the case started in the county court it is likely that it will be heard there although it can be moved to the high court, especially for cases of more than £50000
The case will be heard by a circut judge who will also manage the case from the moment it is allocated to the multi-track route
The judge can set timetable & also ask the parties to try ADR so as not to waste court time & money

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