Fast Track
If the Court allocates the claim to the Fast Track, an Order giving directions will
normally be given. In a Fast Track case, these directions will often comprise of
the following:
-
At the trial itself, which in the Fast Track should not be longer than one day, the
Claimant and Defendant, via their solicitor or barrister, will put their case to the
Judge. This will involve the questioning of the parties' witnesses and experts, as
well as putting their own submissions on the law to the Court.
As in the Small Claims Track, the Judge will then give his judgment and will also
inform the parties who has to pay the legal costs incurred during the action. Unlike
with a Small Claim, the general rule in the Fast Track is that the losing party will be
ordered to pay the legal costs of the successful party.
Disclosure and Inspection. This consists of the exchange, by list and/or
copies, between the parties of all the documents that assist or hinder your claim
or help the claim of the opponent (note that you are legally obliged to provide
all relevant documentation even if this damages your case).
-Exchange of Witness Statements. This involves both parties sending each
other any of evidence of the facts involved in the case.
-Exchange of Expert Reports. This will only be necessary in certain claims
involving complex issues where the evidence of an independent expert is necessary
to assist the Court.
-Listing Questionnaires to be completed and filed. These provide the Court
with a further opportunity to check on how the claim is progressing and whether
all of the directions previously ordered have been complied with and that the trial
can be listed.
-The setting of a Trial Window. This is a period in which the Court will aim
to list the trial.