Allocation to a track Flashcards
What is the main deciding factor in where a case is allocated?
The financial value of the claim
Which claims are allocated to the small claims track?
Claims not exceeding £10,000
Which claims are allocated to the fast track?
Claims between £10,000 and £25,000
Which claims are allocated to the multi-track?
Claims exceeding £25,000
What happens if a case involves more than one claim for money e.g. a claim and a counterclaim
These claims should not be added together. The court will generally regard the largest of them as determining the claim value for allocation
When is the case officially allocated?
The case is provisionally allocated until the completed directions questionnaires have been filed. Following this, the case will be allocated and the court will serve notification on every party
Can a party appeal an allocation decision?
Yes, a party can appeal if the order was made at a hearing which he was present or represented at or for which he was given due notice, or he can apply for the case to be re-allocated
Where do claims BESIDES RTA’s, PI or housing disrepair get allocated?
Small Claims Mediation Service if all parties consent to referral in their directions questionnaire
In multi-track cases, how are directions used?
In straightforward cases, the court will use standard directions but in more complex multi-track cases, the court may need to adapt the directions to the particular needs of the case.
What is a case management conference?
A case management conference is used in many multi-track cases where a more hands-on approach is needed. It looks at details of the case to review the steps which have been taken, decide and give directions about the steps to be taken and ensure that all agreements can be reached between the parties
