Allocation to a Court Track: Notice of Proposed Allocation (Case Management in Business Litigation)

Allocation

There are so many different types of cases that arrive at court, with different legal requirements and prerequisites.

In commercial litigation, prior to the first case management conference (aka case management hearing), the court proposes an allocation of the proceedings to a particular track.

These are known as “case management tracks”.

That procedure for allocation is set out at Part 26 of the Civil Procedure Rules.

After a defence is filed, a preliminary allocation to one of the case management tracks is made by the court when Directions Questionnaires are served on the parties by the court.

 

Case Management Tracks

The case management tracks are:

• small claims track: these are claims under £10,000. We don’t comment on these further here. The Civil Procedure Rules explain what they’re all about
• fast track: in commercial litigation is for claims that:
  • are relatively straightforward from a legal perspective, and
  • the trial will not take more than one day, and
  • have a value between £10,000 and £25,000
• multi track: everything else.
  This track is intended to be the most flexible of all of the tracks.
  It exists so that all the court can allocate appropriate resources for the demands of the particular case: for claims above £25,000 including whether it goes into the 10s of millions, and upwards from there.

Each track has its own features.

The court aren’t tied by the value of a claim to allocate any particular case to a particular track, or anything else.

However, there needs to be good reason why the case isn’t allocated to the usual track by its value.

Normally it’s the complexity of the case, which leads to a longer trial: a trial of more than 1 day.

 

Fast Track Cases in Litigation

In smaller cases, it will be a shorter period of time – the fast track allows for 30 weeks – 8 months from issue of the Claim Form to the trial.

The standard timings for events from the date of the case management directions are:

 

Ref	Stage	From Last Step	From date of CMC Directions
0	Case Management Conference Directions	0	0
1	Disclosure	4 weeks	4 weeks
2	Exchange of Witness Statements	6 weeks	10 weeks
3	Exchange of Experts’ Reports	4 weeks	14 weeks
4	Sending of pre-trial checklists by the court	6 weeks	20 weeks
5	Filing of pre-trial checklists:	2 weeks	22 weeks
6	Trial	8 weeks	30 weeks

 

The standard directions do not allow for much time:

• for each stage listed above, or
• for the trial.

So it needs to be a small, uncomplicated case with minimal dispute about the law which will apply to the case.

So the case needs to be straightforward to be allocated to the Fast Track. The claim must:

• require application well-established law (ie disputes of what the law is)
• there must be relatively few evidential issues
• usually, no more than one witness per party
• if expert evidence is required, no more than one expert for each party

 

Multi-Track Cases

The multi track applies to claims in excess of £25,000.

The larger the claim, the more detail is usually required in the claim and the amount sought in damages.

The multi track is designed with greater flexibility in mind, to allow for the complexities which arise in litigation.

The larger the case in the amount claimed, the more likely:

• the importance of the case to the parties
• the complexity in the legal issues in dispute
• the greater volume of documentation required to be exchanged between the parties to be ready for the trial
• the detail required in witness statements 
• the potential for hitches and delays to:
  • obtain expert reports (if permitted)
  • have witnesses attend at a specified court on a specified date
  • the length of the trial to allow for:
    • cross-examination of witnesses
    • submissions by advocates
  • maintain a fair procedure and order of events with adequate time so that each of the parties have a fair trial
  • the more stages need to be moved through to be ready for trial

Other case management questions may arise which require oversight by the court, such as whether there should be:

1. a split trial
2. a hearing of a preliminary issue
3. more one case management conference

Also, more forms are required to be completed and filed with the directions questionnaire to inform the court of the context of the dispute and the case management directions required.

 

Conclusion

Allocation to the multi-track or fast track is part of a case management process to schedule the times and dates which tasks must be completed by litigants.

Allocation to any particular track dictates the level of preparation which is required for the trial.

Cases which are expected to take longer to litigate – because they require more intensive preparation – are invariably allocated to the multi track.

The fast track is the track for cases which remain relatively straightforward and not time  consuming to prepare for trial.