HHJ Simon Brown shares his passion for (& frustrations with) the fast track
Last month I tried a “fast track”—unfamiliar territory for a mercantile judge. The case was listed for a five-hour court day. A full lever arch file of papers was placed on my table at 4pm the day before. We were under starter’s orders!
The claim
The claim, issued with a court fee paid of £205 in September 2014, was for between £1,000–£5,000 damages for personal injury by an already disabled middle aged man who alleged he had slipped in November 2012 upon some moss on the gritty uphill path leading towards his home. He contended that he and his neighbours had previously complained to the council about it but they had not responded. Breach of statutory duty for failing to maintain the highway under s 41 of the Highways Act 1980 and negligence was pleaded against the highway’s authority by his lawyers who were retained under a 100% CFA. The highways authority referred the claim to their insurers who instructed solicitors from their panel to defend the
