Track allocation

Question 1

what does the court consider when allocating the track?

Answer 1

o Value of the claim (inc. any CC) (the claim + CC value are not aggregated. The overall value is the higher of the two)
o Remedy sought
o Complexity of facts, law and evidence
o Number of parties
o Amount of oral evidence
o Importance to non-parties
o Views and circumstances of parties

Question 2

what is disregarded the assessing the value of the claim?

Answer 2

o Any amount not in dispute
o Interest
o Costs
o Contributory negligence

Question 3

give an overview of the track allocation process

Answer 3

1. Once D has filed a defence, the court will provisionally allocate the claim to a track + issue a notice of proposed allocation (NPA)
2. The NPA directs parties to f&s a DQ
   * The DQ provides the court with information to confirm the track+ manage the claim
3. The court allocates the claim to a track (+ complexity band if IT or FT)

Question 4

explain what a complexity band is

Answer 4

ascending scale of fixed recoverable costs commensurate to the complexity of the claim

Question 5

what is the scope of the small claims track?

Answer 5

The small claims track is the normal track for:
* PI claims = £10k or less + damages for pain, suffering & loss of amenity do not exceed £1.5k
* All other claims = £10k

Question 6

what is the scope of the fast track?

Answer 6

Fast track is the normal track where:
o It is not suitable for small claims track
o Value is less than £25k
o Claims for non-monetary relief if in the interests of justice
o Trial will not last more than 1 day
o Oral expert evidence is likely to be limited to:
 1 expert per party per field.
 2 expert fields total

Question 7

what is the scope of the intermediate track?

Answer 7

Intermediate track is the normal track where:
o Small track + fast track not suitable
o Value is less than £100k /
o Trial will not last more than 3 days
o Oral expert evidence limited to 2 experts per party
o No complex factors making it unsuitable
o 1 C + 1-2 Ds or 2 Cs + 1 D
o No claims for non-monetary relief unless in the interests of justice

Question 8

what is the scope of the multi track?

Answer 8

• Certain claims must be allocated to MT, i.e.: T&CC claims, asbestos claims
• Track for claims where no other tracks appropriate