Allocation to Track Flashcards
How many tracks can a claim be allocated to?
Four
What are the tracks that a claim can be allocated to?
1) Small claims track
2) Fast track
3) Intermediate track
4) Multi-track
What is the scope of the small claims track?
Not more in value than £10,000
Claims by tenant against landlord on repairs not more than £1,000
Special rules for personal injury
What is personal injury scope of small claims track?
If protected party, pre-May 2021, motorcycle, no more than £1,000
Damages for road traffic personal injury not more than £5,000
Non-road traffic claims, not more than £1,5000
What is the scope of the fast track?
Up to £25,000, if:
Trial is likely to last no longer than one day (5 hours)
There will only be oral expert from 1 expert per party in no more than 2 expert fields
What is the scope of the intermediate track?
Up to £100,000, if:
Trial is likely to last no longer than 3 days;
and
Oral expert is likely to be limited to 2 experts per party
What is the scope of the multi-track?
The track for anything that doesn’t go into the others
What must party file pre-allocation?
Directions questionnaire – if fast track or higher, also proposed directions
What is the overview of allocation procedure from the start?
1) Defence filed
2) Court sends out notice of proposed allocation (provisional allocation)
3) Parties file directions questionnaires
4) If claim provisionally allocated to fast track +, parties also file proposed directions
5) Court will allocate claim to a track and serve notice of allocation
What is included in the direction’s questionnaire?
Must confirm pre-action protocol
Can request stay of proceedings to come to an agreement
Disclosure
Name witnesses
Expert evidence
Estimated trial time
Costs
If client requests a stay in direction’s questionnaire, how long will they get?
One month, until they apply for extension
When will a party need to file a costs budget with a DQ?
In multi-track cases which fall within automatic costs management
What happens if the Court feels there is not enough information in DQ to allocate?
Will hold an allocation hearing
When a court makes allocation decision, what will it do?
Send a notice of allocation to the parties together with copy of DQs
What will the court consider when allocating a claim?
1) Financial value of claim
2) Nature of remedy sought
3) Likely complexity of facts, law or evidence
4) Number of parties or likely parties
5) Value of counterclaim
6) Amount of oral evidence required
7) Importance of claim
8) Views expressed by parties
9) Circumstances of parties
What is the court’s approach to allocation in two steps?
1) Identify the normal track
2) Decide whether good reason to allocate claim to another track
When should parties file and serve Directions Questionnaire?
No later than the date specified on Notice of Proposed Allocation
