Duty of care
A concept associated with Lord Atkin’s ‘neighbour test’ in Donoghue v Stevenson (1932), that a defendant will owe a duty if it is reasonably foreseeable that his or her acts or omissions would affect a neighbour.
Fast track
One of three tracks that determine the way in which claims are dealt with by the court. The fast claims track refers to claims with a value of over £5,000 but less than £15,000, provided that the trial is likely to last no longer than a day.
Multi-track
One of three tracks that determine the way in which claims are dealt with by the courts. The multi-track applies to all claims not falling within the financial limits of the small claims or fast tracks and/or complex cases.
Overriding objective
The primary aim of the court, which is to deal with cases justly. This includes ensuring that cases are dealt with expeditiously and with proportionality.
Practice Direction
A published statement that sets out the relevant procedure for courts to follow. It is intended to ensure uniformity in proceedings.
Pre-action protocol
Protocols which encourage the parties to exchange information at an early stage in their dispute, before court proceedings have been commenced. The aim is to encourage parties to settle their disputes without the need for litigation.