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Summary workshop 5 - case management and costs
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Summary of 5 pages for the course LLM SQE Dispute Resolution at BPP (workshop 5)
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ALLOCATION TO A TRACKThe main CPR are:
CPR 26
26 PD
'Allocation' is about deciding which 'track' a claim should be allocated to.
There are four separate tracks a case can be allocated to: the small claims track,
the fast track, the intermediate track, and the multi-track.
The tracks matter because the court manages the claims on the different tracks
differently.
The decision about which track to allocate a claim to is based primarily, but not
only, on the value of the claim. When assessing the value of the claim, the court
will disregard interest, costs, any amount not in dispute, and any contributory
negligence.
The scope of each track
Small claims track (CPR 27):
This is the normal track for cases with a value of not more than £10,000 and also
claims by a tenant of residential premises against a landlord for repairs where
neither the repairs nor any claim for damages totals more than £1,000. There are
special rules for personal injury claims.
Fast track (CPR 28):
The fast track is the normal track for claims (other than those for which the small
claims track is the normal track) up to £25,000, provided that:
a. the trial is likely to last no longer than one day (five hours); and
b. there will only be oral expert evidence from one expert per party in each of no
more than two expert fields (CPR 26.9(6)).
Intermediate track (CPR 28):
The intermediate track is the normal track for claims (where the case is suitable
for neither the small claims nor fast track) up to £100,000, provided that:
a. the trial is likely to last no longer than 3 days if managed proportionately; and
b. oral expert evidence is likely to be limited to two experts per party (CPR
26.9(7))
Multi-track (CPR 29):
The multi-track is the normal track for all other types of case (CPR 26.9(10))
The scope of the small claims track – personal injury claims
Concerning the small claims track, there are special rules which apply to
personal injury claims. Broadly, the small claims track is the normal track for a
, personal injury claim if the value of the claim is not more than £10,000 (as with
other claims);
AND IN ADDITION
Concerning road traffic claims where the accident occurred before 31 May 2021,
or the claimant is a child or protected party, or the claimant was riding a
motorcycle, the damages for the personal injuries (pain, suffering and loss of
amenity) are valued at not more than £1,000;
Concerning other road traffic claims, the damages for the personal injuries are
valued at not more than £5,000;
In any other personal injury claim (not road traffic claims), the damages for the
personal injuries are valued at not more than £1,500.
Overview of allocation
Defence is filed
Court sends out the notice of proposed allocation, provisionally allocating
the claim to the small claims track, fast track, intermediate track or multi-
track
Parties file directions questionnaires
If the claim has been provisionally allocated to the fast track, intermediate
track or multi-track, the parties also file proposed directions
The court will allocate the claim to a track (after a hearing if necessary),
and serve a notice of allocation
Allocated to small claims track: The court will usually give directions
Allocated to fast track: The court will usually give directions
Allocated to intermediate track or multi-track: The court will give directions
or fix a case management conference at which directions will be considered
Notice of proposed allocation
Following the receipt of a defense, a court officer will provisionally decide the
track which appears to be most suitable for the claim and then serve on each
party a notice of proposed allocation (CPR 26.3(1)).
The notice of proposed allocation will indicate which track is proposed for the
claim.
It will also require the parties to:
File and serve a directions questionnaire (explained on the following
pages);
On the fast track, intermediate track or multi-track, file proposed
directions; and
For claims under the costs management regime, file and serve a costs
budget and an agreed budget discussion report (the costs management
regime is not addressed in this element).
It will also state the deadlines for these steps.
The directions questionnaire
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