10 1: Law and the legal system Part A Essential elements of the legal system
3.5.1 Tracking
After a defence has been filed, the case will be allocated to one of three tracks.
(a) The small claims track, deals with low value claims (typically less than £10,000). These are cases
that are to be dealt with quickly and informally, often without the need for legal representation or
for a full hearing.
(b) The fast track is for medium value claims (typically £10,000 to £25,000) where the trial is to last
no longer than one day and there is limited need for experts in court. These are subject to a
simplified court procedure and a fixed timetable designed to enable the claim to be determined
within 30 weeks.
(c) The multi-track is for high value or complex claims (typically over £25,000) which are to be
managed by the courts.
Broadly speaking, small and fast track claims are heard by the County Courts, the more complex multi-
track cases are heard by the High Court.3.5.2 Case management
After allocation, the court will give directions setting out the procedures to be followed in bringing multi-
track cases to trial. These will be an initial 'case management conference' to encourage parties to settle
the dispute or to consider alternative dispute resolutions (such as mediation or arbitration). Features of
the procedures include the following.
(a) Published pre-action protocols for particular types of claim, such as personal injury and
professional negligence claims, which entail setting out the claim to the defendant in an attempt to
negotiate a settlement. The emphasis is placed on co-operation to identify the main issues. Failure
to co-operate may lead to cost penalties, regardless of the eventual outcome of the case.
(b) A strict timetable for exchange of evidence is set by the court, including witness statements and
relevant documents.
(c) Cost penalties for failing to meet any deadline or date set by the court.3.6 The Crown Court
The Crown Court is a single court but it sits in 92 different towns and cities and also at the Central
Criminal Court (the Old Bailey) in London. It deals with the following matters:
Indictable offences with a jury
Appeals from Magistrates' Courts
Committals for sentencing from Magistrates' Courts
The Crown Court deals with a few types of civil case, for example appeals from the Magistrates' Court on
matters of affiliation, betting, gaming and licensing.3.6.1 Appeals
From the Crown Court there is a right of appeal on criminal matters to the Criminal Division of the Court
of Appeal. An appeal by way of 'case stated' on a point of law may also be made to the Divisional Court of
the Queen's Bench Division, in the High Court.3.6.2 Personnel
The Crown Court has the following personnel:
High Court judges (for serious offences)
Circuit judges
Recorders