A Guide To Court Tracks For A Civil Claim In England & Wales
If you are involved in a civil claim that proceeds through the courts in England and Wales, one of the first case management decisions the court will make is which “track” the claim should be allocated to.
Track allocation is designed to ensure claims of different degrees of value and complexity are assigned the most appropriate procedural route, so they can be dealt with fairly, effectively and at proportionate cost. The track determines how the claim will be managed, and the procedures that apply, so proper allocation of a civil claim means the best use of time and resources for all parties involved.
This user guide explains the different court tracks onto which a civil claim issued in England and Wales could be allocated at the Case Management stage of litigation, together with the key features of each track and what allocation may mean in practice.
What are the possible court tracks for a civil claim?
There are four case management “Tracks” that a civil claim that has been issued through the Court, and is being defended, could be assigned to:
- Small Claims Track
- Fast Track
- Intermediate Track
- Multi Track
Each of these court Tracks has various criteria, provided within the Civil Procedure Rules (CPR), which the Court will use to help determine which Track a claim should be allocated to. It is important to be aware that each civil claim is assessed on an individual basis, and the Court retains overriding authority to exercise its discretion in case management. These criteria may be subject to change if, for example, the Court believes a claim is actually better disposed of fairly and appropriately on another track.
1. Small Claims Track
This is the standard court track for claims with a financial value of £10,000 or under. It is designed for the most straightforward, lower-value disputes over money in which claims can be heard by a single judge at a single hearing, usually over a few hours.
2. Fast Track
This track usually deals with money claims with a financial value of up to £25,000, and where the final hearing is likely to last one day or less.
This track also permits claims which may require expert evidence of one expert per party only.
The Fast Track is meant to provide a simpler procedure in comparison to the other, “higher” Intermediate or Multi Track cases – mainly lower value cases that would not require lengthy pre-Trial preparations or Trial time.
Once allocated, civil claims in the Fast Track are assigned a further, separate complexity band, in line with the CPR and based on the facts of the case, which also assists with Case Management.
3. Intermediate Track
This court track is appropriate for less complex money claims valued between £25,000 and £100,000, where the trial period would not last longer than three days, and with experts limited to up to two per party.
Once allocated, the claims on this track are then assigned a separate complexity band, based on the facts of the case and for the purpose of Case Management.
By focusing on claims less complex in nature, the number of parties to the action is also limited to up to two claimant parties against up to two defendants only.
Claims that are not for money (so, for example, claims for injunctions, or involving declarations concerning trusts) are not usually allocated to this track, unless the Court believes it would be in the interests of justice to do so.
4. Multi Track
Claims allocated to the multi-track are ones which are usually deemed complex in nature and will have a monetary value of over £100,000. This track would also deal with claims for non-monetary relief, such as injunctions, and claims with an international element.
Case Management on the Multi Track is usually more flexible in comparison with the other tracks, owing to their complexity and to ensure the claim would be dealt with justly and appropriately.
What will it mean for me if my civil claim is allocated to a particular Track?
As well as the above differences between the different types of court tracks for civil claims, we would also add that it is the ability to recover your legal costs from the other party if you win, or what you will have to pay if you lose, that is the main difference between them.
Small Claims Track: Recovering your legal costs is extremely limited in this track. Each party usually pays their own legal fees, with only very limited fixed amounts (for example, Court fees, a small allowance for legal fees, and some limited expenses) being recoverable from the other party in the event of a win. It is for this reason that parties to disputes on the Small Claims Track invariably represent themselves, since it is not usually cost-effective to instruct a legal representative in these actions.
Fast Track: You would at least recover some of your legal costs from the other party on this Track if you win, although limited in scope and proportionate to the amount of your claim. Fees are recovered in fixed amounts, and only reasonable, proportionate costs are recoverable from the other party.
Intermediate Track: Claims on this track are subject to “Fixed Recoverable Costs” (FRC), the Rules behind which are as set down in the CPR, and this is broken down into Stages – running from a “Pre-issue” Stage (i.e. before it goes to Court), right the way through to the trial Stages. The amount you can recover for each Stage depends on when the claim settles or is finally determined, and also which complexity band it has been assigned. Each Stage has a cost limit set down in the CPR, and there is only a very limited scope to depart from this and recover more.
Multi Track: Claims on the Multi Track are by their nature complex and high value, and so are subject to “costs budgeting”, where each party must provide a budget of its estimated costs at an early point of case management. Courts are meant to actively manage budgets to keep costs proportionate. The winner should expect to be held to their budget at the end of the case, unless there is deemed a good reason not to, or they had already applied to change it during the course of the litigation. Without either of these exceptions, however, scope for deviating from the costs budget is limited.
What happens once a track has been allocated to a civil claim?
Once a track is allocated to a civil claim, the Court will seek to manage the claim in line with Case Management in the CPR and the Rules that apply to the given track. As well as abiding by the directions set by the Court, and Case Management generally, the parties are heavily encouraged to cooperate together and, where appropriate, seek to engage to sort out their differences and settle (for example, at a mediation), before the claim reaches Trial.
You should also bear in mind that track allocation applies only once the claim has been issued through the Court. It is entirely possible for the parties to engage and settle their claims before going anywhere near the Court, which is known as the “pre-action” stage. Indeed, this is how many claims settle nowadays, without the Court’s involvement. There are various factors you must consider in this situation, including being aware of the limitation date and whether you should issue the claim through the Court before you run out of time.
Seeking advice on a civil claim
The above is a rough guide intended to give you an initial indication as to what the Tracks are, how they work, and where a claim due to be taken to Court may be allocated.
Considering taking a claim to Court is a big step, and it is strongly recommended that you do so with specialist legal advice. If you are considering bringing a claim to Court, or simply want more information on this topic, the expert dispute resolution lawyers at GA Solicitors can help. Our experienced team would be glad to discuss your case with you, helping you to understand the pros and cons of taking a claim to Court and how its track allocation may impact proceedings.
For an honest discussion with one of our dispute resolution solicitors in Plymouth, please contact us on 01752 203500 or email us at enquiries@GAsolicitors.com
Article written by Laura Keith, solicitor, and Ieuan Jones, partner, in GA Solicitors’ commercial litigation team.
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