Case management: Track Allocation
Introduction:
Service of Claim Form & Defence Reply
PoC
No
Defence Vague defence? Request for further response Apply for an unless
served information Pt 18 order
For clarification
Defence Reply (r.16.7) Provisional track allocation
Full defence Reply r.16.7 r.15.8
served (optional) C will be taken as Reply must be filed with a
required to prove a directions questionnaire and
matter, even if they served on other parties at the
didn’t file a reply or deal same time the DQ is filed.
Defence + Defence to with a matter raised in
Counterclaim counterclaim the defence. Specified period follows the
DQ period. (look below)
Consequences of not filing
Consequence: Must be
C will be taken to admit or D can apply filed!! DQ period
for default judgment against C (r.12.3) Small-claims track – 14 days
Fast & Multi track – 28 days
, Defence Provisional Allocation Directions Questionnaires
NB: Track allocation doesn’t begin until Date specified:
it is clear that the claim is being Small claims track – at least 14 days
defended (once a defence is served) Fast/Multi-track – at least 28 days
Court officer decides the most After notice is served, each
suitable track and serve on party must file & serve
Defence
each party a notice of required documents no
filed
proposed allocation (r.26.3) longer than date specified.
If there are 2< Ds, and at Requirements of Notice of proposed allocation:
least 1 files a defence, (a) Specify any matter to be complied w by a specified date
court will serve notice of (b) require parties to file a Questionnaire (& serve copies on
proposed allocation when: all other parties)
- All the Ds have filed a (c) State the address of the place where DQ must be
defence; or returned
- Period for filing the (d) Inform parties how to obtain DQ
last defence expired. (e) If case is suitable for fast/multi-track, require parties to
file proposed directions by date specified in the notice.
à A court officer (not a judge) provisionally allocates defended claims to one of the case management tracks.
• Sometimes court might order for exchange of info/docs during provisional track allocation. If a party doesn’t
comply, other party can rely on r.26.3(8)
• Provisional allocation is based largely on the value of the claim
Small claims track Fast Track Multi-track
Value < £10,000 £10,000 < Value < £25,000 £25,000 < Value
NB: provisional track allocation is by a court official, but actual track allocation requires a court order.
Provisional ≠ Actual
, Provisional Track Directions Questionnaire Track Allocation
Allocation & directions
General Info:
Directions Questionnaire – Who needs to consider what?
A form which the court requires all
parties to complete Litigants need to consider:
• Whether provisional track allocation is acceptable (and if
à Provides court w enough not, why not);
information to decide on track • what directions for disclosure they wish the court to
allocation & make case make;
management directions. • whether expert evidence is required and, if so, the
justification and likely cost of it;
• what witnesses of fact they wish to call; and
DQ timelines: • they must estimate the length of the trial
Notice of provisional allocation will
specify a date by which each party Solicitors need to:
must file w the court & serve on all
• have a detailed idea of what is required & what is needed
other parties the completed
to make out client’s case
questionnaires.
Parties should:
Small claims:
• remember the need to make efforts to settle & must be
at least 14 days after deemed
expressly asked whether they want a stay to attempt
service of notice
settlement.
o If they want a stay, court can grant stay (r.26.4)
Fast/Multi-track:
at least 28 days after deemed
Court should:
service of notice
• Serve on any unrepresented party the appropriate DQ
Failure to file Directions Questionnaire
County Court money claims High Court claims for All other claims (HC
r.26.3(7A) specified sum of money damages claim, HC & CC
r.26.3(8) non-money claims)
Consequences Consequences Consequences
The court will send a notice to Court will make such order as No prescribed sanction.
the party warning that it considers appropriate,
compliance is required in a including: Automatic transfer of money
further 7 days claims
• An order for directions
Further non- • Order striking out the
compliance claim Automatic trf of money claims (not
• Order striking out in syllabus)
Consequences defence & entering System for automatically:
judgment (a) Sending CC money claims to
Claim/Defence will be • Listing a case C’s preferred hearing centre if
automatically struck out management claim is undefended & court
(C/D in default) conference needs to assess amt
payable/rate of payment.
(b) Sending CC claims for
specified sums of money to
D’s home court where D is
à A party who was in default will not normally be entitled to order for the individual. (if more than 1 D
costs of an application to set aside/vary that order. then home court of 1st person
They will be ordered to pay the costs that the default caused to any other to file defence)
party. (c) Transferring HC claims for
specified sums of money to
D’s home court, similar to (b)
Introduction:
Service of Claim Form & Defence Reply
PoC
No
Defence Vague defence? Request for further response Apply for an unless
served information Pt 18 order
For clarification
Defence Reply (r.16.7) Provisional track allocation
Full defence Reply r.16.7 r.15.8
served (optional) C will be taken as Reply must be filed with a
required to prove a directions questionnaire and
matter, even if they served on other parties at the
didn’t file a reply or deal same time the DQ is filed.
Defence + Defence to with a matter raised in
Counterclaim counterclaim the defence. Specified period follows the
DQ period. (look below)
Consequences of not filing
Consequence: Must be
C will be taken to admit or D can apply filed!! DQ period
for default judgment against C (r.12.3) Small-claims track – 14 days
Fast & Multi track – 28 days
, Defence Provisional Allocation Directions Questionnaires
NB: Track allocation doesn’t begin until Date specified:
it is clear that the claim is being Small claims track – at least 14 days
defended (once a defence is served) Fast/Multi-track – at least 28 days
Court officer decides the most After notice is served, each
suitable track and serve on party must file & serve
Defence
each party a notice of required documents no
filed
proposed allocation (r.26.3) longer than date specified.
If there are 2< Ds, and at Requirements of Notice of proposed allocation:
least 1 files a defence, (a) Specify any matter to be complied w by a specified date
court will serve notice of (b) require parties to file a Questionnaire (& serve copies on
proposed allocation when: all other parties)
- All the Ds have filed a (c) State the address of the place where DQ must be
defence; or returned
- Period for filing the (d) Inform parties how to obtain DQ
last defence expired. (e) If case is suitable for fast/multi-track, require parties to
file proposed directions by date specified in the notice.
à A court officer (not a judge) provisionally allocates defended claims to one of the case management tracks.
• Sometimes court might order for exchange of info/docs during provisional track allocation. If a party doesn’t
comply, other party can rely on r.26.3(8)
• Provisional allocation is based largely on the value of the claim
Small claims track Fast Track Multi-track
Value < £10,000 £10,000 < Value < £25,000 £25,000 < Value
NB: provisional track allocation is by a court official, but actual track allocation requires a court order.
Provisional ≠ Actual
, Provisional Track Directions Questionnaire Track Allocation
Allocation & directions
General Info:
Directions Questionnaire – Who needs to consider what?
A form which the court requires all
parties to complete Litigants need to consider:
• Whether provisional track allocation is acceptable (and if
à Provides court w enough not, why not);
information to decide on track • what directions for disclosure they wish the court to
allocation & make case make;
management directions. • whether expert evidence is required and, if so, the
justification and likely cost of it;
• what witnesses of fact they wish to call; and
DQ timelines: • they must estimate the length of the trial
Notice of provisional allocation will
specify a date by which each party Solicitors need to:
must file w the court & serve on all
• have a detailed idea of what is required & what is needed
other parties the completed
to make out client’s case
questionnaires.
Parties should:
Small claims:
• remember the need to make efforts to settle & must be
at least 14 days after deemed
expressly asked whether they want a stay to attempt
service of notice
settlement.
o If they want a stay, court can grant stay (r.26.4)
Fast/Multi-track:
at least 28 days after deemed
Court should:
service of notice
• Serve on any unrepresented party the appropriate DQ
Failure to file Directions Questionnaire
County Court money claims High Court claims for All other claims (HC
r.26.3(7A) specified sum of money damages claim, HC & CC
r.26.3(8) non-money claims)
Consequences Consequences Consequences
The court will send a notice to Court will make such order as No prescribed sanction.
the party warning that it considers appropriate,
compliance is required in a including: Automatic transfer of money
further 7 days claims
• An order for directions
Further non- • Order striking out the
compliance claim Automatic trf of money claims (not
• Order striking out in syllabus)
Consequences defence & entering System for automatically:
judgment (a) Sending CC money claims to
Claim/Defence will be • Listing a case C’s preferred hearing centre if
automatically struck out management claim is undefended & court
(C/D in default) conference needs to assess amt
payable/rate of payment.
(b) Sending CC claims for
specified sums of money to
D’s home court where D is
à A party who was in default will not normally be entitled to order for the individual. (if more than 1 D
costs of an application to set aside/vary that order. then home court of 1st person
They will be ordered to pay the costs that the default caused to any other to file defence)
party. (c) Transferring HC claims for
specified sums of money to
D’s home court, similar to (b)
