What is a Fast Track Claim (FTC)?
The Fast Track is a way to resolve civil disputes that is more straightforward.
The Fast Track aims to resolve claims faster by focusing on less complex disputes. Fast Track trials are usually completed in 12 months, and should not last more than one day. Fast Track disputes are often cheaper than other disputes and the costs can be predicted more easily. In this article, we will explore which claims are eligible for the Fast Track, what costs are involved, and if you need a lawyer to guide you through the process. If you need more information or guidance about Fast Track Claims after reading this article, please contact our team at Helix law. We are a specialist team of litigators who act in disputes throughout the country. This includes Fast Track Claims, as well as more significant litigation at the High Court when millions or tens-of-millions are at stake. What Are Fast Track Cases?
The fast track is the allocation of civil cases between PS10,000 and PS25,000 in the court system. The Fast Track system aims to provide a quicker, more cost-effective resolution to these cases by setting fixed recoverable costs and limiting the complexity of legal proceedings.
Examples of Fast Track Claims
Fast Track claims are designed for more straightforward cases, which often require less time and resources from the court. Some of the most common examples include:
Contractual Disputes
: These claims arise from disagreements over the terms or performance of a contract, or even the circumstances around the parties’ entry into the contract. This can include breach of express terms, disputes over vague or uncertain terms, or misrepresentation.
Personal Injury Claims
- : Claims where the injuries sustained are not severe, and the compensation sought falls within the Fast Track limit, such as minor road traffic accidents or workplace injuries.Property Damage
- : Disputes involving damage to property where the repair or replacement costs are not overly complex and fall within the Fast Track financial limits, including water damage or construction defects.Debt Recovery
- : Cases where a creditor seeks to recover a sum of money up to PS25,000, such as an unpaid invoice or a loan.Are Costs Recoverable in Fast Track Claims?
- Yes, costs are recoverable in Fast Track claims, but they follow Fixed Recoverable Costs rules, or “FRCs”. Legal costs can be claimed in a fixed amount. There are different FRCs at each stage of the legal proceedings, from the beginning of the claim until the trial. This allows you to be aware of your potential recoverable costs. Each band has a specific amount of recoverable legal costs so that you know exactly what you can recover if you win. These are not necessarily costs that you incur but costs that you can recover. We are able to work within FRC budgets because we are so efficient with technology. Below is a breakdown of the bands and what they mean:Band 10
Band 1, for simple cases with minimal complexity. These cases are usually straightforward and require less work from the lawyer, so the FRCs for this band are lowest. A clear-cut debt collection claim with an undisputed amount of debt might be an example of a Band 1 situation.
Band 2011001010Band 2, on the other hand, covers cases which are more complex but still relatively simple. For example, minor personal injury claims and uncomplicated contract disputes. These claims require more time and effort than those in Band 1, but they can still be managed within a reasonable time frame. Band 3 is for moderately complicated cases that require detailed legal work. Examples include property damage disputes and more detailed contractual disagreements. Band 3 FRCs are higher because the issues are more complex and require additional time and resources. These claims may involve multiple issues and require expert testimony. Do I Need a Lawyer for a Fast Track Claims?
There’s no legal requirement to instruct a lawyer. Instructing a solicitor is expensive and requires a time and money investment. It’s understandable that you want to see a return on your investment. This is how we approach costs. In some cases, the value of incurring costs is to protect you from a difficult lawsuit. In some cases, it’s about helping you get the best possible result. Fast track claims can be risky because the court process and rules are complex. You could lose on a technicality, or for a procedural error, and not only forfeit money you’re legally entitled to, you may also have to pay other side’s costs. By using specialist litigation solicitors, you can avoid these risks. Our team of specialist litigation solicitors will help you gather evidence and present it in the best way possible to the court. They will also create and use leverage and items to your advantage to improve your position with the judge. Every instruction is designed to put you in a position to win or negotiate the best settlement.
Need Advice? Contact Helix Law.
If your dispute or claim is a Fast Track dispute, our litigation team can assist you. We have acted in fast track disputes before and we have the expertise to resolve your issue. Helix Law can provide you with expert legal advice and assistance. We’d be happy to help you resolve your dispute.
