Allocating a case to a track

Question 1

What are the tracks a case can be allocated to?

Answer 1

Small claims track

Fast track

Intermediate track

Multi track

Allocation is based on the value of the claim

Question 2

What cases fall into small claims track?

Answer 2

Up to £10,000

For claims by tenants of residential premises against landlords for repairs worth no more than £1,000

Question 3

Which cases fall into fast track?

Answer 3

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

Question 4

What cases fall into intermediate track?

Answer 4

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

Question 5

What cases fall into multi track?

Answer 5

All other cases

Question 6

What are the special rules for personal injury claims in the small claims track?

Answer 6

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.

Question 7

What is the process for allocation?

Answer 7

1. Defence is filed
2. Court sends out notice of proposed allocation and provisionally allocates to one of the tracks
3. Parties file a directions questionnaire
4. If the claim has been provisionally allocated to the fast track, intermediate or multi purpose track parties will also file proposed directions
5. Court will allocate the claim to a track after a hearing if necessary and serve notice of the allocation

Question 7

What happens if the case is directed to multi track?

Answer 7

The court will either give directions or fix a case management conference at which directions will be considered

Question 8

What does the proposed allocation notice also require parties to do?

Answer 8

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

Question 9

What is the purpose of the directions questionnaire?

Answer 9

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

Question 10

When is a directions questionnaire filed?

Answer 10

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

Question 11

What must parties do in QD in relation to pre action protocol?

Answer 11

Parties must confirm if they complied with pre action protocol

if party fails to comply it must explain why and there may be sanctions

Question 12

What must parties do in QD in relation to settlement?

Answer 12

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

Question 13

What must parties do in QD in relation to disclosure?

Answer 13

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

Question 14

What must parties do in QD in relation to witnesses?

Answer 14

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

Question 15

What must parties do in QD in relation to trial?

Answer 15

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

Question 16

What must parties do in QD in relation to expert evidence?

Answer 16

court permission will be needed for expert evidence

Question 17

What must parties do in QD in relation to costs?

Answer 17

in multi track cases, parties will need to file a cost budget with the DQ

Question 18

What happens once the notice of proposed allocation has been filed with the directions questionnaire

Answer 18

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.

Question 19

What must parties do in QD in relation to directions?

Answer 19

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

Question 20

What is the criteria for allocation?

Answer 20

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

Question 21

So what is the general approach of the court to allocation?

Answer 21

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.