Q&As

Where a Notice of Proposed Allocation to the Fast Track is received but we are proposing multi-track in our Directions Questionnaire, do we need to file a costs budget with the Directions Questionnaire or should we wait for a date for a County Court money claim and then file a budget no later than 21 days before hand?

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Published on LexisPSL on 21/09/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a Notice of Proposed Allocation to the Fast Track is received but we are proposing multi-track in our Directions Questionnaire, do we need to file a costs budget with the Directions Questionnaire or should we wait for a date for a County Court money claim and then file a budget no later than 21 days before hand?
  • Noticed of proposed allocation
  • Directions questionnaire

Where a Notice of Proposed Allocation to the Fast Track is received but we are proposing multi-track in our Directions Questionnaire, do we need to file a costs budget with the Directions Questionnaire or should we wait for a date for a County Court money claim and then file a budget no later than 21 days before hand?

Noticed of proposed allocation

The first stage in allocation is for a court officer to provisionally allocate your case to what it thinks is the most suitable track. It will then send the parties a notice of proposed allocation (the 'court's notice') (CPR 26.3(1)(a))

It would appear that you have been sent Form N149B which is the form for proposed allocation to the fast track. This form does not provide any directions requiring compliance with CPR 3.13 ie filing of a costs budget. This is not withstanding that it also provides that if you believe that the fast track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.

The approach in Form N149B is in contrast to the approach in Form N149C dealing with proposed allocation to the multi-track. That form specifically requires compliance with CPR 3.13 and the filing of a costs budget. The rules for costs budgeting are set out in CPR 3 and start

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