User:Dave T Hobbit/Sandbox
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Drafts for Civil Procedure Rules 97[edit]
History[edit]
In 1994, the Lord Chancellor instructed the Master of the Rolls, Lord Woolf, to report on options to consolidate the existing
In June 1996 Lord Woolf presented his Access to Justice Report 1996[1] in which he "...identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:
(a) be just in the results it delivers;
(b) be fair in the way it treats litigants;
(c) offer appropriate procedures at a reasonable cost;
(d) deal with cases with reasonable speed;
(e) be understandable to those who use it;
(f) be responsive to the needs of those who use it;
(g) provide as much certainty as the nature of particular cases allows; and
(h) be effective: adequately resourced and organised."[2]
Tracks[edit]
Rule 26.6 - limits of track
Small Claims Track[edit]
Claims with a value of not more than £5,000[3] are usually allocated to the Small Claims Track unless: the amount claimed for pain, suffering, and loss of amenity[4] is more than £1,000.00.[5]; or the cost of the repairs or other work to residential premises claimed against the landlord by a tenant is estimated to be more than £1,000 - whether or not they are also seeking another remedy - or the financial value of any claim in addtion to those repairs is more than £1,000.[6]
A claim for a remedy for harassment or unlawful eviction relating to residential premises will not be allocated to the Small Claims Track even if it meets the finacial limits.[7]
Fast Track[edit]
Claims with a financial value of not more than £15,000, for which the Small Claims Track is not the normal track are usually allocated to the Fast Track[8] unless: the trial is likely to last for more than one day[9]; oral expert evidence at trial will be in more than two fields; or there will be more than one expert per party in each field.[10]
Multi Track[edit]
Any case not allocated to either the Small Claims- or Fast Track is allocated to the Multi Track.[11]
References[edit]
- ^ Access to Justice Final Report, by The Right Honourable the Lord Woolf, Master of the Rolls, July 1996, Final Report to the Lord Chancellor on the civil justice system in England and Wales
- ^ Access to Justice Report 1996, Lord Woolf, Section I: Overview, Paragraph 1
- ^ CPR 26.6(3)
- ^ CPR 26.6(2)
- ^ CPR 26.6(1)(a)
- ^ CRP 26.6(1)(b)
- ^ CPR 27.1(2)
- ^ CPR 26.6(4)
- ^ CPR 26.6(5)(a)
- ^ CPR 26.6(5)(b)
- ^ CPR 26.6(6)
Access to Justice Report 1996: link correct 5 September 2007