Track allocation

Question 1

Which party can apply for allocation to a specific track?

Answer 1

Claimant or defendant

Question 2

Track allocation using case management powers is at the _______ of the judge

Answer 2

Discretion

Question 3

Name the three broad steps in applying for track allocation

Answer 3

1. Set out the facts
2. Refer to factors considered in track allocation
3. Conclude with track allocation

Question 4

Which part of the CPR lists the factors the court considers in track allocation?

Answer 4

Part 26.13

Question 5

There are 9 factors under CPR 26.13 that court will have regard to for track allocation. Name as many as you can.

Answer 5

(a) financial value of claim;

(b) nature of the remedy sought;

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

(d) number of parties or likely parties;

(e) value of any counterclaim or additional claim and the complexity of any matters relating to it;

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

(g) importance of the claim to persons who are not parties to the proceedings;

(h) views expressed by the parties; and

(i) circumstances of the parties.