What does Fast track mean? Fast track describes the case-management route in civil litigation in England and Wales for relatively straightforward claims that are unsuitable for the small claims track and do not exceed £25,000 in value. It is defined in the Civil Procedure Rules (CPR), principally Parts 26 and 28. Key features include standard directions, a trial estimate of no more than one day, limits on expert evidence (typically one expert per party per discipline with written reports), and active judicial case management. Most fast track cases are subject to fixed recoverable costs under CPR Part 45 (expanded from October 2023), so allocation...
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This Practice Note provides an overview of the fast track rules of the AIDA Reinsurance and Insurance and Arbitration Society of the UK, or the ARIAS Fast Track Rules (AFTAR Rules), in force from 3 October 2013, which regulate insurance and reinsurance arbitration proceedings. For a general introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014. AFTAR was devised to address concerns within the insurance and reinsurance markets that conventional arbitration, even under the ARIAS Rules, was slow and not cost-effective owing to reliance on a three-person panel. AFTAR comprises both rules and explanatory notes. Where any explanatory note conflicts with the rules, the rules prevail.
AFTAR broadly mirrors the framework of the ARIAS Rules, and many elements are materially the same: the procedures for commencing an arbitration and serving notice, the arbitrator’s jurisdiction, the structure of the award, liability for fees and expenses, and provisions on costs follow the same basic approach in broad terms...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...