Resolving a civil dispute can appear daunting, especially if a court hearing may be on the horizon. However, our leading experts in litigation and dispute resolution are here to break down the barriers to civil justice.
The Civil Courts of First Instance
Within the English legal system, the function of the County Court is to hear low value civil claims, which are claims between two private parties. The value of the award in these claims are usually restricted to a maximum of £100,000 however personal injury claims are limited to a maximum of £50,000.
If the value of the award reaches above these limits, which may happen for example in commercial disputes or life altering personal injury claims, the case will be heard in the High Court, a more senior court within the English legal system.
The County Court and the Three Tracks System
The County Court operates with a ‘tracks’ system, in which once proceedings have commenced, a judge will allocate the matter to the most suitable track, considering matters such as the legal issue at hand, the complexity of the case and the value of the claim.
What are the Three Tracks?
The Small Claims Track
- Value of Claim: Usually a maximum of £10,000
- Cases That May Be Heard: Wide range of civil claims including contractual disputes, debt recovery and personal injury
- The Hearing: A less formal hearing with simple evidence held in front of a District Judge
The Fast Track
- Value of Claim: Between £10,000 and £25,000
- Cases That May Be Heard: More complex cases than the small claims track, however the value of the claim is not high enough to warrant a lengthier trial
- The Hearing: A more formal hearing usually being limited to one day with minimal expert witnesses
The Multi Track
- Value of Claim: Above £25,000 or lower value cases with elevated levels of complexity
- Cases That May Be Heard: Highest value and the most complex cases including clinical negligence and commercial disputes
- The Hearing: A longer, more complex trial featuring substantial amounts of evidence and increased witness examination.
How does Small Claims differ from the other Tracks?
Unlike with Fast Track and Multi Track, there is no presumption that the losing party will be responsible for paying the winning party’s legal costs. If you instruct a solicitor to represent you in the small claims track, you could therefore end up having paid more in legal costs than you are actually recovering in damages.
Oakwood Solicitors Ltd appreciates this, which is why we offer a range of funding options that are suitable for assistance with small claims matters. These include:
- Contingency Fee Agreements
- Private fee-paying agreements at a competitive hourly rate
Frequently Asked Questions
Why should I choose Oakwood Solicitors Ltd?
- Oakwood Solicitors Ltd provides experts in litigation and dispute resolution who are able to assist in resolving a wide variety of Litigation and Dispute Resolution matters requiring legal assistance.
- Whether it be simply pointing you in the right direction, or assisting you from start to finish – we are on hand to help.
- From the start of your claim until the conclusion you will have a dedicated advisor who will run your claim, assisting you in the event of any queries or issues you may have.
- Regular updates will be provided by your case handler up until your claim has ended, this is to ensure the process is as stress-free and effortless as possible.
What is Civil Litigation?
- Civil litigation is the formal process in which a dispute between two private parties, such as individuals, businesses or local authorities, are settled .
- It involves the claimant, the person bringing the claim, alleging the opposing party, the defendant, has not fulfilled their civil obligations, whether this arises from statutes (laws passed through Acts of Parliament), common law (precedent established in previous cases) or private contracts.
If I bring a civil claim, what must I prove?
- Unlike criminal proceedings, the claimant does not have to prove their case ‘beyond all reasonable doubt.’
- Instead, civil proceedings operate with a more lenient burden on proof, which is known as ‘on the balance of probabilities.’
- This means that the person making the decision must believe that the facts of the claimant’s case are more likely to have happened, than to not have happened.
- Therefore, if the decision maker believes that there is at least a 51% chance that events did occur, the claimant’s case will be successful.
What are courts of first instance?
- Courts of first instance are the courts in which the initial trial takes place.
- Most claims will only be heard within the courts of first instance, however if a party granted leave (permission) to appeal, the following hearing will be held in a more senior court (court of second instance).
- In English civil law, the courts of first instance are the County Court and the High Court.
- It is important to note that appeals from the County Court can be heard in the High Court due to it being a more senior court, meaning the High Court operates as both a court of the first and second instance.
How long do I have to bring a claim in the County Court’s small claims track?
- The limitation period for bringing a claim within the County Court’s small claims track does vary based on the area of law you wish to bring a claim under.
How long will the process take?
- The length a case varies depending on which track the claim falls under alongside factors such as waiting times for the court.
- Hearings also are track dependent, with fast track hearings usually lasting only one day, whereas multi track cases may last weeks or months.
Can I avoid in-court litigation?
- If a settlement is reached between both parties, litigation can be avoided therefore a hearing within the court is not required.
- Also, in many areas of civil law, alternative dispute resolution (ADR) is available providing alternative ways for parties to settle their disputes outside of court in a more private manner, however it is important to note that ADR may not be suitable in every case.
Further Information:
What’s the Difference Between Small Claims, Fast Track, and Multi-Track? A Simple Guide to the UK Court System.
Oakwood Solicitors: Small Claims Court.
WHAT TO DO NEXT
If you have experienced a civil dispute, you may be entitled to compensation. Get in touch today for a no-obligation consultation.
Choose one of the methods on the right-hand side of this page or call us on 0113 486 2442 to find out how we can help you.
Author: Sahil Rahman
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Danielle Lightfoot is a Director and our Head of the Financial Litigation Department. Danielle joined the firm as a Paralegal in 2011 and qualified as a solicitor in October 2014. She has acquired ext…
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