Allocating a case to a track Flashcards
What are the tracks a case can be allocated to?
Small claims track
Fast track
Intermediate track
Multi track
Allocation is based on the value of the claim
What cases fall into small claims track?
Up to £10,000
For claims by tenants of residential premises against landlords for repairs worth no more than £1,000
Which cases fall into fast track?
Up to £25,000 provided that;
- the trial is likley to last no longer than one day and
- there will only be oral expert evidence fro one expert per party in no more than two expert fields
What cases fall into intermediate track?
Up to £100,00 provided that
- the trial is likely to last no more than 3 days if managed proportionately and
- oral expert evidence is likely to be limited to two experts per party
What cases fall into multi track?
All other cases
What are the special rules for personal injury claims in the small claims track?
Small claims is the appropriate track if the value of the claim is not more than £10,000 AND
- relates to a road traffic claim which occurred before 31 May 2021, C is a child or protected party, motorcycle incident and personal injury are valued at no more than £1,000
-for all other road traffic accidents the damages for personal injury are valued at no more than £5,000
- in all other personal injury claims the damages for the personal injury are no more than £1,500.
What is the process for allocation?
- Defence is filed
- Court sends out notice of proposed allocation and provisionally allocates to one of the tracks
- Parties file a directions questionnaire
- If the claim has been provisionally allocated to the fast track, intermediate or multi purpose track parties will also file proposed directions
- Court will allocate the claim to a track after a hearing if necessary and serve notice of the allocation
What happens if the case is directed to multi track?
The court will either give directions or fix a case management conference at which directions will be considered
What does the proposed allocation notice also require parties to do?
File and serve a directions questionnaire
On the fast, intermediate or multi track file proposed directions and
For claims under the cost management regime, file and serve a costs budget and agree budget discussion report
What is the purpose of the directions questionnaire?
Allows the court to have the information necessary to allocate a case to a track after parties complete it
N180 for small claims
N181 for all other tracks
When is a directions questionnaire filed?
No later than the date specified on the notice of proposed allocation
QD contains a number of questions in relation to below which help a court allocate:
- PAP
- Settlement
- Disclosure
- witnesses
- expert evidence
- trial
- costs
- directions
- other matters
What must parties do in QD in relation to pre action protocol?
Parties must confirm if they complied with pre action protocol
if party fails to comply it must explain why and there may be sanctions
What must parties do in QD in relation to settlement?
Parties can request to stay proceedings in DQ so they can try to settle
Parties can only take steps during a stay that are allowed by the CPR or the terms of the stay
Lawyers need to confirm in QD they explained to clients the need to settle and consequences against unreasonable refusal
If all parties request a stay, the claim will be stayed for a month
If not all parties request a stay, the court can stay the claim if considers it appropriate
If case is not settled at the end of the period and parties have not applied for an extension then the case will be referred to a judge for allocation and directions
What must parties do in QD in relation to disclosure?
parties will exchange documents
each party will serve a list of docs which exist and then the recipient is permitted to receive or inspect copies o
What must parties do in QD in relation to witnesses?
each party will be required to name witnesses they want to call to trial and detail what it hopes will help the party to prove
What must parties do in QD in relation to trial?
parties are required to estimate the time needed for trial
this estimate will be included in the directions given by the judge and parties have to notify the court if there are any changes to the estimate
What must parties do in QD in relation to expert evidence?
court permission will be needed for expert evidence
What must parties do in QD in relation to costs?
in multi track cases, parties will need to file a cost budget with the DQ
What happens once the notice of proposed allocation has been filed with the directions questionnaire
Court will allocate a case and assign a complexity band where necesary
If court feels they need more info to assign they may request it or hold an allocation hearing
Once court has made the allocation it will send notice of allocation to the parties with a copy of the DQ.
What must parties do in QD in relation to directions?
Parties are to attempt to agree directions and attach them if the case has been previously allocated
Proposed directions must be filed with the DQ whether the parties have agreed to them or not
What is the criteria for allocation?
Usually how much the claim is worth but the court will consider if a different allocation should be made based on the below
Nature of the remedy sought
complexity of the facts and the law
the number of parties or likely parties
the value of the counterclaim of other part 20 claim
amount of oral evidence required
importance of the claim to any persons who are not parties
views expressed by the parties
So what is the general approach of the court to allocation?
1 Identify the normal track
2 Consider whether the claim should be allocated to a track other than the normal track - in doing so consider the additional factors.
