CONSOL Track Allocation
Intro:
Once the defendant has filed their defence and both parties have filed their Directions Questionnaire, the court will
provisionally allocate the case to a track. The allocation to a certain track will mostly factor in the financial value of the claim.
R26.8(2): The court will disregard in this assessment:
Any sum which falls under an undisputed part in the claim
A claim for interest
Costs
Any contributory negligence
Factors which the court will consider are under r26.8(1). However, normally:
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.
APPLY – what track will it be?
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 the small track – Part 27:
Part 27 deals with claim allocation to the small track. It is for claims not exceeding 10,000 which can be dealt with quickly and
at minimal cost and in proportionate to the type of claim, which will be fairly uncomplex, and enable the case to be heard
without a big and formal trial - (PD 26 para 8.1)(1)).
PD 26 para 8.1(1) – cases which will fall under this:
Consumer disputes
Accident claims
Disputes over ownership of goods
Landlord v tenant disputes – except disputes on possession.
Mediation:
All claims – other than road traffic accidents / PI / housing disrepair – can be referred to the Small Claims Mediation Service if
all parties consent to this in their directions questionnaire.
If the court is not notified in writing within 4 weeks since the last directions questionnaire was filed, even if settlement was
agreed, the claims will be allocated to a track – r26.5(2A).
The directions:
Usually, the court will order standard directions and fix a date for the final hearing. These are under PD 27.
The preparation for the hearing will be minimal as Part 18, 31, 32, 63 and some of 35 does not apply. The aim is for the
process to be straightforward as the aim is to conduct the whole claim without solicitors.
If necessary, under r27.2(3) the court can order a party to provide further information.
Standard directions…(don’t need to write out unless drafting)
Each party shall deliver to every other party and to court copies of all documents (including any expert’s report) on
which they intend to rely on at the hearing no later than 14 days before the hearing.
The original documents shall be brought to the hearing.
Notice of hearing date and time allowed.
The court must be informed immediately if the case is settled by agreement before the hearing date.
No party may rely at the hearing on any report from an expert unless express permission has been granted by the
court beforehand.
Costs:
Claiming costs is limited under r27.14. Only really recoverable if they are fixed costs attributable to the issuing of the
claim/court fees paid/loss of earnings/travel expenses.
Intro:
Once the defendant has filed their defence and both parties have filed their Directions Questionnaire, the court will
provisionally allocate the case to a track. The allocation to a certain track will mostly factor in the financial value of the claim.
R26.8(2): The court will disregard in this assessment:
Any sum which falls under an undisputed part in the claim
A claim for interest
Costs
Any contributory negligence
Factors which the court will consider are under r26.8(1). However, normally:
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.
APPLY – what track will it be?
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 the small track – Part 27:
Part 27 deals with claim allocation to the small track. It is for claims not exceeding 10,000 which can be dealt with quickly and
at minimal cost and in proportionate to the type of claim, which will be fairly uncomplex, and enable the case to be heard
without a big and formal trial - (PD 26 para 8.1)(1)).
PD 26 para 8.1(1) – cases which will fall under this:
Consumer disputes
Accident claims
Disputes over ownership of goods
Landlord v tenant disputes – except disputes on possession.
Mediation:
All claims – other than road traffic accidents / PI / housing disrepair – can be referred to the Small Claims Mediation Service if
all parties consent to this in their directions questionnaire.
If the court is not notified in writing within 4 weeks since the last directions questionnaire was filed, even if settlement was
agreed, the claims will be allocated to a track – r26.5(2A).
The directions:
Usually, the court will order standard directions and fix a date for the final hearing. These are under PD 27.
The preparation for the hearing will be minimal as Part 18, 31, 32, 63 and some of 35 does not apply. The aim is for the
process to be straightforward as the aim is to conduct the whole claim without solicitors.
If necessary, under r27.2(3) the court can order a party to provide further information.
Standard directions…(don’t need to write out unless drafting)
Each party shall deliver to every other party and to court copies of all documents (including any expert’s report) on
which they intend to rely on at the hearing no later than 14 days before the hearing.
The original documents shall be brought to the hearing.
Notice of hearing date and time allowed.
The court must be informed immediately if the case is settled by agreement before the hearing date.
No party may rely at the hearing on any report from an expert unless express permission has been granted by the
court beforehand.
Costs:
Claiming costs is limited under r27.14. Only really recoverable if they are fixed costs attributable to the issuing of the
claim/court fees paid/loss of earnings/travel expenses.
