What needs to be done by parties prior to an allocation to track?
What additional content needs to be filed if in the provisional multi-track?
A directions questionnaire
(a) a case summary;
(b) a disclosure report (Form N263); and
(c) a costs budget and budget discussion report
form N181
What costs value relates to small claims?
£10,000 or under
Low value personal injury
For road traffic accidents, must not exceed £5,000
What costs value relates to fast track claims?
£10,000 - £25,000
What are four notable elements of the fast track?
Likely to be a day
Witness statement limited to 10 pages
One expert
Fixed costs likely to be awarded
What costs value relates to intermediate claims?
£25,000 - £100,000
What are four notable elements of the intermediate track?
Can involve 3 parties
Predicted to be around 3 days
One expert per party
Fixed costs
In advance of an intermediate track claim, what is likely to happen?
CMC
Proposed directions given 7 days in advance of CMC
Witness statement given, under 20 pages
What costs value relates to the multi-track?
Over £100,000
CMC
Although some timetabled dates can be changed between parties, which events need court permission before varying?
- CMC/Pre-trial review
- Return of pre-trial checklist
- Trial date or trial period
CMC
What value of multi-track claims require costs budget?
When the claim is under £10M but not if it falls into fixed costs tracks
i.e., between 100k (multi-track) to 10m
CMC
What are the admin necessities of a costs budget?
Signed and statement of truth by senior legal advisor
Claims under £50,000 to be filed with directions questionnaire
Claims over this to be filed no later than 21 days before CMC
If I want to amend the costs budget, because some big change happened, what do I need to file, with who?
Variation Precedent T form
Serve to other party
Then file with court alongside last budget sheet
What if, in fast track claims, the claimant fails to fill their pre-trial questionnaire?
The claimant’s statement of case will be automatically struck out if the claimant does not file its directions questionnaire within seven days of request
Who decides on which complexity band the case falls into with fast and intermediate tracks?
the parties unless they can’t agree then the courts
What happens if a rep can’t attend the CMC?
application to be made to court to reschedule and providing a reason why
the court could request the defaulting party to pay the other party’s costs incurred for this hearing, i.e., a wasted costs order
Admin of filing a budget discussion report?
Must be exchangedno later than 7 clear days before the first CMC
What can a judge not do on a costs budget?
Cannot amend incurred costs, but might leave comments to review at final stage
If the claimed costs differ by 20% or more from the budget, the receiving party must…
explain the difference, and the court will decide whether the extra costs can be recovered
What are the complexity bands on fast track?
band 1 - road traffic non-PI and defended debt claims
band 2 and 3 - road traffic PI and other PI claims
band 4 - professional negligence and other complex claims
