Overview of small claims track and fast track and intermediate tracks

Question 1

What are the key features of the small claims track?

Answer 1

1. Very limited costs recovery
2. Fewer formalities
3. Abbreviated directions
4. Very limited costs recovery

Question 2

Will parties normally represent themselves in the small claims track?

Answer 2

Yes.

Question 3

What is the general position in relation to costs recovery in the small claims track?

Answer 3

The court will rarely order one party to pay any costs to the other party, other than very limited fixed costs (and court fees and witness expenses).

Question 4

What do the standard directions in the small claims track normally include?

Answer 4

(a) Parties to file and serve on every other party copies of documents they intend to rely upon no later than 14 days before the main hearing;

(b) Original documents to be brought to the hearing;

(c) Notice of the hearing date (at least 21 days notice will usually be given) and time allowed for the hearing; and

(d) That the court, must be informed if, by agreement between the parties, the case settles.

Question 5

What are the standard directions for fast track?

Answer 5

1. Disclosure within 4 weeks of notice of allocation
2. Exchange of witness statements within 10 weeks of notice of allocation
3. Exchange of expert reports (with associated directions for questions etc) within 14 weeks of notice of allocation
4. Filing pre-trial checklist at court within 22 weeks of notice of allocation
5. Trial date/period fixed or trial within 30 weeks of notice of allocation.

Question 6

What is the purpose of complexity bands in fast track cases?

Answer 6

The complexity band determines the level of (fixed) costs that can be recovered by the claimant.

Question 7

What is included in Complexity Band 1 in the fast track?

Answer 7

1. Road Traffic accident related, non-PI claims
2. Defended debt claims

Question 8

What is included in Complexity Band 2 in the fast track?

Answer 8

1. Road Traffic accident related, personal injury claims which are or should have been started under the Road Traffic Accident Protocol; and
2. PI claims to which the Pre-action Protocol for Resolution of Package Travel Claims apply

Question 9

What is included in Complexity Band 3 in the fast track?

Answer 9

1. Road Traffic accident related, personal injury claims to the Road Traffic Accident Protocol does not apply;
2. Employer’s liability and public liability PI claims;
3. Possession claims;
4. Housing disrepair claims; and
5. Other money claims.

Question 10

What is included in Complexity Band 4 in the fast track?

Answer 10

1. Employers liability disease claims (other than a claim for noise induced hearing loss);
2. Complex possession and housing disrepair claims;
3. Property and building disputes;
4. Professional negligence claims; and
5. Any claim which would normally be allocated to the fast track, but is nonetheless complex.

Question 11

What are the key features of the intermediate track?

Answer 11

*The normal track for claims (where the case is not suitable for the small or fast track) up to £100,000.

*The trial is likely to not last more than 3 days.

*Oral expert evidence is likely to be limited to two experts per party.

*The total length of permitted witness statements and summaries is limited to 30 pages and expert reports to 20 pages (excluding necessary photographs, plans and academic articles).

Question 12

How many claimants can bring a claim in the intermediate track?

Answer 12

1. brought by a single claimant against either one or two defendant; or
2. brough by two claimants against a single defendant

(maximum 3 parties).

Question 13

What cases fall under Complexity Band 1 in the intermediate track?

Answer 13

Any claim where:

(a) only one issue is in dispute; and

(b) the trial is not expected to last longer than one day, including:

*PI claims where liability or quantum is in dispute;

*Road traffic accident related, non PI claims; and

*defended debt claims.

Question 14

What cases fall under Complexity Band 2 in the intermediate track?

Answer 14

Any less complex claim where more than one issue is in dispute, including personal injury accident claims where liability and quantum are in dispute.

Question 15

What cases fall under Complexity Band 3 in the intermediate track?

Answer 15

Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2, including noise induced hearing loss and other employer’s liability disease claims.

Question 16

What cases fall under Complexity Band 4 in the intermediate track?

Answer 16

Any claim which would normally be allocated to the intermediate track, but which is unsuitable for assignment to complexity bands 1 to 3, including any personal injury claim where there are serious issues of fact or law.

Question 17

For intermediate track cases, are the parties required to state agreed complexity band in the DQ?

Answer 17

Yes, and where there is a dispute, the complexity band considered appropriate by each party.

Question 18

Will the court fix a CMC and pre-trial review in intermediate cases?

Answer 18

The court may do this.

Question 19

When must the parties `endeavour’ to agree appropriate directions in intermediate cases?

Answer 19

They must do so 7 days in advance of the CMC if one is listed. If the court approves the directions or issues its own directions, the CMC will be vacated.

Question 20

When should the trial for an intermediate track case take place?

Answer 20

Within 30 weeks of allocation.

Question 21

Can judges allocate more complex cases valued at under £100,000 to the multi-track?

Answer 21

Yes, they retain discretion to do this.