DR - allocation

Question 1

When considering which track to allocate a claim, what items are disregarded when considering the value of the claim?

Answer 1

• Interest
• Costs
• Any amount not in dispute
• Any contributory negligence

Question 2

When will a case be allocated to the Small claims track?

Answer 2

• Value no more than £10,000
• Claims by tenant against landlord where the value of the claim is less than £1,000
• Special rules for Personal Injury.

Question 3

What are the special rules for personal injury and the Small Claims track?

Answer 3

• Claim is no more than £10,000 AND:

1) if the damages for are valued at no more than £1,000:
- Road traffic claims before 31 May 2021, or
- the claimant was riding a motorcylce,
- claimant is a child or protected party, or

2) other RTC’s - the damages for PI are no more than £5,000

3) in any other PI claim, the damages for PI are valued at no more that £1,500.

Question 4

When will a case be allocated to the Fast track?

Answer 4

• Normal track for claims up to £25,000, provided that:

a) one day trial,
AND
b) there will only be ORAL expert evidence from one expert per party in each of no more that 2 expert fields.

Note: there can be WRITTEN evidence from more specialists.

Question 5

When will a case be allocated to the Mutli-track?

Answer 5

all claims that are not allocated to the small claims track or the fast-track.

Question 6

What is the allocation process ?

Answer 6

a) Defence is filed,
b) Court sends out notice of proposed allocation
c) Parties file directions questionnaires (and proposed directions if fast-track/multi-track
d) Court will allocate claim to a track (after hearing if needed)

Question 7

What happens if a stay is requested to consider settlement after direction questionnaire has been issued in the multi-track?

Answer 7

• If all parties agree, the claim will be stayed for 1 month
• If only party requests, the court can stay the claim if it considers it appropriate

Question 8

What is included on the directions questionnaire?

Answer 8

a) Whether the parties have complied with the pre-action protocol 🫥
b) Whether they wish to stay to settle, 🤝
.
c) Disclosure - exchange list of docs 📕
d) Witnesses - name witnesses 🤠
e) Expert evidence - parties need court’s permission 🥼
.
f) Trial - estimate time needed⏱️
g) Costs - file a costs budget 💰(multi)
h) Directions 🛑
.
g) other matters:
- Which court the claim should be heard in, 👨‍⚖️
- Which track the case should be allocated to, 🛤️
- Whether interim applications have been made and whether any are planned, ‼️
- anything else the parties wish the judge to consider

Question 9

When might a court allocate a case to track other than the normal track for the amount of the claim?

Answer 9

When considering:
a) The value of the claim 💰
e) The value of any counterclaim 🫵💰
b) The nature of the remedy sought 🎁

c) The likely complexity 🧠
d) The number of parties 🥳
f) The amount of oral evidence 😲

g) The importance of the claim to any persons who are not parties 👀
h) The views expressed by the parties 🤬
i) The circumstance of the parties 🎩