Disputes - Track Allocation (Commencement) (7) Flashcards
What two factors need to be considered during track allocation?
Track Allocation: To comply with the overriding objective, cases are allocated to ‘tracks’. These tracks ensure an appropriate allocation of court resources, and determine the directions parties must follow in the lead-up to trial (CPR 3).
(1) Overriding Objective: The CPR requires that cases are handled justly and at proportionate cost (CPR 1). Both parties and their legal representatives must ensure they comply at all stages of litigation. This includes:
a) Ensuring parties are on equal footing; b) saving expenses; c) dealing with cases proportionate to value, importance, complexity, and finances; d) ensuring expeditiousness and fairness; e) allotting resources appropriately; and f) ensuring compliance with civil rules and court orders.
(2) Allocation: Cases are allocated to one of four tracks, according to the value of the claim.
Value: Value is the higher of the claim or counterclaim (disregarding interest, contributory negligence, undisputed sums, and costs).
What is considered in provisional allocation?
Provisional Allocation: Court officers provisionally allocate claims to a track following service of the defence. Notice is provided to all parties, who must then complete a Directions Questionnaire by a set date. The three tracks are:
(1) Small Claims: Less formal track with lower obligations (£10,000 or less).
>£5,000 for personal injury unless non-pecuniary costs exceed £5,000.
(2) Fast Track: Standard mid-value track with higher obligations (£10,001 to £25,000).
>Small claims involving allegations of dishonesty are also allocated here.
(X) Intermediate Track: New track for claims between £25,001 and £100,000.
(3) Multi Track: Complex high-value track with high obligations but more flexibility (£25,001 or more).
>Now £100,001 or more.
How is full allocation determined?
Full Allocation: Full allocation is determined by the ‘Directions Questionnaire’ that both parties must fill in. It is generally a more refined calculation of claim value, but also considers factors such as type of remedy, complexity, and evidence (CPR 26).
Directions Questionnaire: The Directions Questionnaire facilitates full allocation (which in turn determines directions).
What is the procedure for filling out the directions questionnaire?
(1) Procedure: Both parties cooperate to complete the document, and file it at court on Form N181 alongside a draft order for directions. It must be served by a date specified by the court.
>If cooperation is not possible, forms are filed separately.
What is the effect of non-completion of the directions questionnaire?
Effect of Non-Completion: Non-completion has severe consequences.
Money-Only: Non-completion in a County Court money-only claim requires court service of a notice to complete. If not completed within 7 days of service, the entire claim is struck out.
Other: Non-completion in all other claims is determined by court. It can result in a strikeout.
What are the contents of the directions questionnaire?
Contents: The form involves the following contents:
(A) Settlement: Whether client has been advised on settlement and options available.
>Parties offered 1 month stay to attempt settlement. Parties require good reason to refuse.
(B) Court: Why the case must be heard at the chosen court.
(C) Pre-Action Protocols: Whether the pre-action protocols have been adhered to or, if not, why not.
(D) Case Management: Parties must indicate: a) applications made so far; b) any objections to provisional allocation; and c) scope of disclosure required, including electronic document proposals.
(E) Experts: Whether a single joint expert is suitable, and if not, details of separate experts and cost.
(F) Witnesses: Names and number of witnesses to be relied on at trial, and purpose of each.
(G) Trial Length: Realistic estimate of the trial length.
(H) Costs: A costs budget must be filed in the multi-track.
(I) Other: Other relevant information, including intended applications.
(J) Directions: Parties should attempt to agree on directions in an attached draft directions order.
>Usually standard directions (fast-track) or chosen from specimen menu (multi-track).
When must a case summary be filed?
Case Summary: Case summaries must be filed alongside the directions questionnaire in the multi-track.
(1) Contents: Details matters in dispute and matters agreed upon following statements of case. Listed chronologically, referencing evidence required to resolve any matter still in dispute.
(2) Drafter: Claimant drafts the summary (but in cooperation with the defendant where possible).
What is the effect of allocation to the small claims track?
Directions, disclosure, hearing, costs
Small Claims Track: Small claims often involve litigants-in-person, and are therefore rather simplified.
(1) Directions: Simple directions are issued by the court.
(2) Disclosure: Disclosure and inspection is not conducted.
(3) Hearing: Hearings are basic, with judgments made on statements of case and documentary evidence alone (no oral testimony required).
(4) Costs: Typically costs are not recoverable.
What is the effect of allocation to the fast track?
Directions (expert, expert evidence, timetable), disclosure, hearing, costs
Fast Track: Fast track claims are more complex, but largely standardised within the track itself.
(1) Directions: Directions are usually ‘Standard Directions’, unless altered by party agreement. This includes:
Expert: Single joint expert by default. At maximum, one expert per party per field, maximum two fields.
Expert Evidence: Generally written, not oral.
Timetable: From allocation: disclosure (4 weeks); witness statements exchanged (10 weeks); expert reports exchanged (14 weeks); pre-trial checklists issued (20 weeks); pre-trial checklists returned (22 weeks); trial (30 weeks).
(2) Disclosure: [Since intermediate track] standard disclosure is still an option but disclosure likely to be more limited than before. Court may direct that no disclosure takes place or specify the documents or classes of documents that parties must disclose.
(3) Hearing: Hearings are expected to last no more than one court day (5 hours).
(4) Costs: Fixed costs (see Costs).
What is the effect of allocation to intermediate track?
Intermediate track: Introduced to ensure that legal costs are more certain and proportionate across a wider range of civil claims.
(1) Directions: Court may fix a case management conference. Directions are likely to be standard. Parties need to submit their proposals atleast 7 days prior to the conference. Court will decide whether to fix pre-trial review.
- Parties: Maximum of three parties.
- Experts: Usual directions are one expert on either side unless the second expert is reasonably required and proportionate. Expert report must not exceed 20 pages.
Timetable: Standard period between giving directions and the trial will be no more than 30 weeks.
(2) Disclosure: Court may a) dispense with disclosure, b) order disclosure of documents on which a party relies and at same time any requests for specific disclosure, c) disclosure on issue by issue basis, d) disclosure of documents on which it would be reasonable to suppose may contain information which enables a party to advance its own case or to damage that of another party or leads to an equity which has these consequences, e) standard disclosure, f) any other reasonable disclosure.
(3) Hearing: No more than three days.
(4) Costs: Fixed costs (see Costs).
What is the effect of allocation to multi track?
Multi Track: Multi track claims are considerably more complex and expensive, and directions flexible and varied.
(1) Directions: Directions differ by case unless agreed by parties. Courts may apply Standard Directions, or determine bespoke directions from a directions menu at a Case Management Conference (see case management).
(2) Disclosure: Disclosure and inspection may be standard or bespoke (see disclosure).
(3) Hearing: Hearings are often much longer than one court day.
(4) Costs: Unless agreed, costs are determined at a detailed assessment (see costs).
