The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band that can be dealt with in a trial up to one day. The intermediate track is for claims with values between £25,000 and £100,000 that can be dealt with in trials up to three days. This chapter covers directions for cases allocated to the fast and intermediate tracks; typical timetables through to trial; agreed directions; varying the directions timetable; listing for trial; fast and intermediate track trials.
Chapter
28. Fast and Intermediate Tracks
Chapter
34. Admissions and Documentary Evidence
This chapter discusses the rules relating to the proof of admissions and documents at trial. It covers the nature of admissions; pre-action admissions of liability; permission to withdraw an admission; notice to admit facts; and proving documents.
Chapter
35. Experts
This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.
Chapter
39. Trial
This chapter discusses the issues that need to be addressed in the period leading up to a trial. These include contacting witnesses to ensure their availability; obtaining witness summonses where appropriate; briefing trial counsel; agreeing and compiling trial bundles; and counsel preparing speeches, examination-in-chief, and cross-examination of witnesses.
Chapter
26. Challenging a Judgment
Obtaining a judgment is not always the end of the process. A wholly or partly unsuccessful party in a trial will almost certainly wish to consider appealing. The procedure for appeal will vary depending on the type and level of decision appealed against. This chapter looks in particular at the procedure for appealing from the High Court to the Court of Appeal. The discussions cover the need for the client to decide whether to appeal against all or part of the judgment based on their lawyer's advice; jurisdiction for appeals; appeals from interim decisions; grounds for appeal; procedure for appealing; the position of the respondent to an appeal; presenting an appeal; powers on appeal; the appeal decision; and costs on appeal.
Chapter
28. Fast Track
The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.
Chapter
34. Admissions and Documentary Evidence
This chapter discusses the rules relating to the proof of admissions and documents at trial. It covers the nature of admissions; pre-action admissions of liability; permission to withdraw an admission; notice to admit facts; and proving documents.
Chapter
35. Experts
This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.
Chapter
39. Trial
This chapter discusses the issues that need to be addressed in the period leading up to a trial. These include contacting witnesses to ensure their availability; obtaining witness summonses where appropriate; briefing trial counsel; agreeing and compiling trial bundles; and counsel preparing speeches, examination-in-chief, and cross-examination of witnesses.
Chapter
32. Witness Statements, Affidavits, and Depositions
This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.
Chapter
38. Listing and Pre-Trial Reviews
Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.
Chapter
41. Judgments and Orders
This chapter discusses the rules on judgments and orders. Although there is likely to be a delay between judgment being pronounced and the judgment being sealed and served, r 40.7(1) of the Civil Procedure Rules 1998 (CPR) provides that judgment in fact takes effect from the day it was given. After a judgment or order has been pronounced by the court, the next step is to have it drawn up. This chapter discusses settlements; orders made at hearings; form of judgments and orders; general rules relating to drawing up orders and judgments; and register of judgments.
Chapter
24. Presenting a Case in Court
This chapter discusses the process of presenting a case in court. It begins with an overview of the trial process, covering the timetable, the claimant's case, the defendant's case, closing speeches, and judgment. It then explains the importance of good presentation and advocacy in winning a case. This involves focusing on the issues on which the judge needs to reach a decision; presenting the case clearly, coherently, and concisely; developing and presenting an overall theory for the case — a single story can be more convincing than a lot of separate arguments; and developing persuasive arguments that pull elements of the case together and deal with any gaps. The remainder of the chapter covers the judgment of the case; the drawing up of orders; and the form of orders.
Chapter
27. Enforcing a Judgment
The enforcement of a judgment is an issue that must be considered and managed as part of the litigation project from the start. Keeping enforcement in mind at each stage of the litigation process ensures that any possible problems with enforcement are taken into account in any cost-benefit analysis or risk assessment. This chapter first outlines the steps to assist enforcement, which includes deciding who to sue, gathering information, interim orders, settling the case, and drafting orders. It then discusses the methods of enforcing a judgment, including third party debt orders, changing orders, attachment of earnings, winding up and bankruptcy, execution against goods, orders for delivery/possession, receivership, and the use of contempt of court proceedings. The final section deals with the international enforcement of judgements, specifically enforcing a foreign judgment in the UK and enforcing an English judgment in another country.
Chapter
32. Witness Statements, Affidavits, and Depositions
This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.
Chapter
38. Listing and Pre-Trial Reviews
Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.
Chapter
41. Judgments and Orders
This chapter discusses the rules on judgments and orders. Although there is likely to be a delay between judgment being pronounced and the judgment being sealed and served, r 40.7(1) of the Civil Procedure Rules 1998 (CPR) provides that judgment in fact takes effect from the day it was given. After a judgment or order has been pronounced by the court, the next step is to have it drawn up. This chapter discusses settlements; orders made at hearings; form of judgments and orders; general rules relating to drawing up orders and judgments; and register of judgments.
