Overview of different tracks

Question 1

What are the key features of the small claims track?

Answer 1

Very limited cost recovery
- court will rarely order to pay costs unless fixed costs

Few formalities
- so parties can represent themselves

Abbreviated directions
- parties are to serve on other parties documents they intend to rely on at least 14 days before the hearing
- original docs are to be brought to the hearing
- at least 21 days notice will be given before a hearing
- court must be informed if the parties agree to settle

Question 2

What are the procedural features of a fast track claim?

Answer 2

Trials will usually be held in county court and last no longer than one day - may be no opening speeches and limited oral evidence

Case is allocated to a complexity band which determines the levels of costs that can be recovered

Court will usually provide directions on the basis of the DQ

Standard directions exist for fast track which include

Question 3

List the directions in a fast track standard direction and how many weeks from the notice of allocation they each occur:

Answer 3

4 weeks - disclosure

10 weeks - exchange witness statements

14 weeks - exchange expert witness reports

22 weeks - file pre trial checklist at court

30 weeks - trial date period fixed

Question 4

To what cases does the intermediate track apply?

Answer 4

applies to cases issued after 1 October 2023

for personal injury cases it applies where the cause of action arose or occurred on or after 1 October 2023

This is the normal track for cases up to 100k

trial not likely to last more than 3 days if managed proportionately

oral expert evidence is limited to two experts per party

witness statement has to be no longer than 30 pages and expert reports 20 pages

there can be max of 3 parties - either two ds or two cs

also have complexity bands that determine the fixed costs

Question 5

What are the formalities of an intermediate track case?

Answer 5

Parties are required to state in the DQ the agreed complexity band or one they consider appropriate if there is a dispute over this

court may fix a case management conference and a pre trial review

parties must try to submit directions at least 7 days before a case management conference if one us listed

if court approves the directions or issues their own then the case management conference will be vacated

case should take place within 30 weeks of allocation