Allocation to Track

Question 1

What is the decision about which track to allocate primarily based on?

Answer 1

The value of the claim. When assessing the value of the claim, the court will disregard interest, costs, any amount not in dispute and any contributory negligence.

Question 2

What is the scope of the small claims track?

Answer 2

This is the normal track for cases with a value of not more than £10,000; and

Claims by a tenant of residential premises against a landlord for repairs where neither the repairs nor any claim for damages total more than £1,000.

Question 3

What is the scope of the fast track?

Answer 3

Claims (other than those for which the small claims track is the normal track) up to £25,000, provided that:

a. the trial is likely to last no longer than one day (five hours); and

b. there will only be oral expert evidence from one expert per party in each of no more than two expert fields.

Question 4

What is the scope of the intermediate track?

Answer 4

The intermediate track is the normal track for claims (where the case is suitable for neither the small claims nor fast track) up to £100,000, provided that:

a. the trial is likely to last no longer than 3 days if managed proportionately; and

b. oral expert evidence is likely to be limited to two experts per party.

Question 5

What is the scope of the multi-track?

Answer 5

The multi-track is the normal track for all other types of case.

Question 6

What is the scope of the small claims track for PI claims?

Answer 6

The small claims track is the normal track for a PI claim if the value is not more than £10,000; AND:

1. In relation to road traffic claims where the accident occurred before 31 May 2021, or the claimant is a child or protected party, or the claimant was riding a motorcycle, the damages for PI are valued at not more than £1,000;
2. In relation to other road traffic claims, the damages for PI are valued at not more than £5,000;
3. In any other PI claim (not road traffic claims), the damages for the PI are valued at not more than £1,500.

Question 7

Explain the overview of allocation

Answer 7

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

ALLOCATION TO SMALL CLAIMS TRACK OR FAST CLAIMS TRACK: Court will usually give directions

ALLOCATION TO INTERMEDIATE OR MULTI-TRACK: The court will give directions or fix a CMC at which directions will be considered.

Question 8

Explain the notice of proposed allocation?

Answer 8

Following receipt of a defence, a court officer will provisionally decide the track and then serve notice of proposed allocation on each party. The notice requires the parties to:

*File and serve a directions questionnaire

*On the fast, track, intermediate or multi-track, file proposed directions; and

*For claims under the costs management regime, file and serve a costs budget and an agreed budget discussion report.

Question 9

What is the purpose of the directions questionnaire?

Answer 9

The DQ contains questions to help the court decide which track is most appropriate for the case.

Question 10

What form does the DQ take for small claims?

Answer 10

N180

Question 11

What form does the DQ take for fast track, intermediate and multi-track?

Answer 11

N181.

Question 12

What information will the DQ request in relation to the pre-action protocol?

Answer 12

Parties must confirm whether they have complied with the pre-action protocols. If a party fails to comply with a pre-action protocol it must explain why and there may be sanctions as a result.

Question 13

Explain the `settlement’ part of the DQ

Answer 13

Section in the DQ for the parties to request the court stay proceedings so the parties can try and settle.

*Legal representatives have to confirm in the DQ that they have explained to their client the need to consider settling the claim and there could be cost consequences against them if the client unreasonably refuses to try to settle.

*The claim will be stayed for a month

*In all other circumstances, including if one party (but not all parties) requests a stay, the court can stay the claim if it considers it appropriate.

*If the case is not settled at the end of the period and the parties have not applied for an extension, the case will be referred to a judge for allocation and directions.

Question 14

Explain the disclosure part of the DQ

Answer 14

DQ also asks parties to provide case management information as to the future preparation of the case including extent of disclosure.

Question 15

Explain the witnesses part of the DQ

Answer 15

Each party is required to name the witnesses that it would like to call to trial and what it hopes they will help prove.

Question 16

What does `no property in witnesses’ mean?

Answer 16

`no property in witness’ meaning no rule preventing a party from approaching a witness it has seen listed in other party’s DQ and seeking their views/assistance.

Question 17

Does the DQ include information about expert evidence and if so, what does it require?

Answer 17

If client wishes to rely on expert evidence then it will need the court’s permission to do so.

Question 18

Explain the `trial’ part of the DQ

Answer 18

Parties also required to estimate time needed for the trial. Must notify the court if this estimate changes.

Question 19

Explain the costs section of the DQ

Answer 19

In multi-track cases which fall within automatic costs management, parties will need to file a costs budget with the DQ

Question 20

Explain the directions section of the DQ

Answer 20

The DQ will require parties to attempt to agree directions and to attach them, if the case has provisionally been allocated to the fast, intermediate or multi-track. Proposed directions must be filed with the DQ, whether the parties have managed to reach an agreement or not.

Question 21

List the other matters that will be included in the DQ

Answer 21

Which court the claim should be heard in;

Which track the parties think the case should be allocated to;

Which complexity band the parties think the case should be assigned to it is to be allocated to the fast or intermediate track;

Whether the parties have already made any interim applications and whether they intend to make any in the future; and

Any other facts or documents the parties wish the judge to consider on allocation.

Question 22

Once the court has made an allocation decision what will it do?

Answer 22

Once the court has made an allocation decision, it will send a notice of allocation to the parties together with a copy of the DQs.

Question 23

Will the court consider a broader list of factors in relation to alloctation?

Answer 23

The court will allocate the claim to the small claims track, the fast track, the intermediate track or multi-track (and assign a complexity band where appropriate). This involves identifying the ‘normal track’ and then considering whether there is a good reason to allocate a claim to a track other than the normal track.

Question 24

What additional factors will the court consider in relation to allocation?

Answer 24

a) The financial value of the claim;

b) The nature of the remedy sought;

c) The likely complexity of the facts, law or evidence;

d) The number of parties or likely parties;

e) The value of any counterclaim or other Part 20 claim (the court will not aggregate claims but will look at the value of the largest claim);

f) The amount of oral evidence which may be required;

g) The importance of the claim to any persons who are not parties;

h) The views expressed by the parties; and

i) The circumstances of the parties.

Question 25

What happens at the conclusion of the allocation stage?

Answer 25

If the claim is allocated to the small claims track or the fast track, it is likely that the court will also give directions as to how the claim should proceed.

If the claim has been allocated to the intermediate track or multi-track, the court will likely either give directions, or fix a case management conference at which such directions will be considered.

Question 26

Will an allocation hearing always be necessary?

Answer 26

No, very rare.