Alan should use The County Court to commence the claim of suing Ben for £12,500 for a breach of contract. The track in which the claim should be allocated is the Fast Track Claim. This is because the claim is handled by the County Court and also it lasts a short period of time and in such a case, Alan is seeking an award less than £15000.
The small claims track is fair measure of a process that takes place in the County Court. They normally tend to deal with cases that involve one or more parties have been unable to resolve their disputes by other measures. Small claims track is used as a last resort, when all other methods of resolution have failed to provide a dispute between the parties. If a claimant is seeking compensation, in terms of money equal to no more than £5000.Various cases can be processed in the claims court.
For claimants looking to resolve issues that arise during the process of debt collection or issues between landlord and tenant. The small claims can allow claimants to solve personal injury issues, unresolved issues related to contractual agreements, and unsettled issues pertaining to rendered services. The fast claims track is also handled by County Courts. Fast track cases resolved in a short period of time and in such cases the claimants are seeking awards that are less than £15000.Before filling a fast track claim, a claimant should provide the defendant with a letter before action. The consists of the claimant giving the defendant a final warning of resolving the dispute before filling the claim.
There are many documents required when filing a fast track claim. The documents include; N1 form, claimants information, defendants information, brief description of the claim, expected value the claimant expects to cover in the case, detailed account of the claim, and a statement of truth. Finally, when all the documents are correct the claimant then is expected to pay the fees, which is decided depending on the award that is wanted.Once the claim is successfully filled, the defendant will be given an opportunity to respond to the claim, having the deadline of 14 days. The multi track claim involve court claims and claimants that seek awards that value more than £15000 or court cases that will result in a long trial with lots of documentation. Multi track cases are dealt with by the High Court.
Once the allocation form is completed by both parties, if the case it determined as a multi track case, the case will proceed to direction.The allocation form will be sent to both parties, and if it is still decided that it will be addressed in the High Court, it will then be assigned a fixed court date. The multi track claims can be handled in a number of ways including; hearing the case on the basis of documents alone (referred to as paper adjudication), testimony of expert witnesses. The advice given in the situation if Alan was seeking for £72,500 would be reasonably different. If this was the case the advice would be for Alan to go to the High Court to commence the claim of suing Ben for £72,500 for a breach of contract. The track in which would have to set the claim would be the multi track claim because it handles the cases that seek awards over £15000.
