Full and in-depth structure and notes on case management in civil proceedings. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. Contains extensive bu...
Once D has filed their defence, the beginnings of case management can begin, starting with parties completing and filing a
directions questionnaire and provisionally assigning the case to a track
See separate fact sheet on directions questionnaire
The court can then determine which track the case should be allocated to.
Track Allocation:
When allocating to a track, the court must observe the factors under r26.8 which are:
a) The financial value of the claim
b) Nature of remedy sought
c) Complexity of the facts, law or evidence
d) Number of parties
e) Value of any counterclaim
f) Amount of oral evidence party’s require
g) Importance of the claim to those not a party to proceedings
h) Views expressed by the parties
i) Circumstances of each party
However, normal allocation is as follows:
Claims not exceeding £10,000 will be allocated to the small claims track
Claims between £10,000 and £25,000 will be allocated to the fast track*
Claims exceeding £25,000 will be allocated to the multi-track
*The fast track is normal for a claim between 10,000 and 25,000 and the trial is likely to last no longer that 1 day and oral
evidence is limited to 1 expert per party. If trial was likely to last 2 days + need more experts in a case = multi-track.
The court will not consider:
a) Any amount not in dispute
b) Any claim for interest
c) Costs
d) Contributory negligence
NOTE: if there is a case which involves money in the claim and money from a counterclaim – the court will not add the
sums together. PD 26 para 7.7 – the court will usually allocate the case based on the larger sum.
ALLOCATION TO A TRACK
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