ACCA/CAT

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3 Arbitration

(a) This is a private hearing between parties who have agreed to forward any disputes to this forum.

(b) Advantages:

– privacy

– specialist arbitrator

– less formal procedures

– decision is final and binding

(c) Disadvantages:

– lack of publicity

– no legal rules on evidence, which can lead to lengthy and expensive proceedings

– limited remedies and enforcement

– lack of expertise in settling disputes

– limited right to appeal

4 Court allocation

Once a court receives a claim it will allocate the case to one of three 'tracks' for a hearing.

(a) Small claim track

This is used for claims of no more than £5,000 (although for claims relating to personal injuries and housing disrepair the limit is £1,000).

Parties can consent to use the small claims track if the value of the claim exceeds the limits but this has to be subject to the court's approval.

(b) Fast track

This provides a streamlined procedure for the holding of moderately-valued cover of more than £5,000 less than £15,000.

(c) Multi track

The multi-track is intended to provide a flexible regime for the handling of the higher value, more complex claims, that is those with a value of more than £15,000.

Broadly speaking the County Courts hear small claims and fast track cases whilst multi track cases are heard in the High Court.

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