Allocation of claims to a track
Allocation of claims to a track

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Allocation of claims to a track
  • What is allocation?
  • Key features of the small claims track
  • Key features of the fast track
  • Key features of the multi-track
  • Provisional allocation and the notice of proposed allocation
  • Failure to comply with the notice of proposed allocation
  • Stay for settlement
  • Allocation
  • Re-allocation to a different track
  • more

What is allocation?

At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for the purpose of managing the claim. There are three tracks for civil claims, and which track is most appropriate for the claim will depend on a number of factors, including the value of the claim. The three tracks are the small claims track, fast track and multi-track (CPR 26.1(2)). The track to which a claim is allocated will also determine the applicable costs regime for that claim.

Certain claims are treated as being allocated to the multi-track and CPR 26 (which deals with preliminary case management) does not apply to them. These include:

  1. Part 8 (CPR 8) claims—see Practice Note: CPR Part 8 claims (alternative procedure for claims)

  2. claims brought in the Commercial Court—see Practice Note: Commercial Court—case management

  3. claims brought in the Technology and Construction Court—see Practice Note: TCC—allocating, transferring, staying and discontinuing proceedings

  4. claims brought in the Circuit Commercial Court

Key features of the small claims track

Generally:

  1. proceeds under the rules set out in CPR 27 and CPR PD 27

  2. the normal track for certain personal injury claims and claims for repairs or other work made by a tenant against their landlord (subject to value limits) and for any other claim