Case management - Track allocation

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Overview

Track allocation is a vital part of civil litigation in England and Wales, reflecting the Civil Procedure Rules' objective to resolve cases fairly and cost-effectively. For SQE1 FLK1 exam candidates, understanding track allocation is essential, as it relates to important procedural aspects and strategic decisions in civil dispute resolution. This article examines track allocation, its framework, and its impact on case management, helping future solicitors gain the knowledge required for both exam success and professional practice.

Track Allocation Overview

Track allocation assigns civil cases to one of three routes: Small Claims Track, Fast Track, or Multi-Track. Introduced with the Woolf Reforms and detailed in the CPR, this system aims to manage cases by tailoring procedures to match the dispute's nature and value.

Decisions, typically made by a District Judge using the parties' directions questionnaires, are governed by CPR 26. The court has the discretion to allocate cases based on various considerations, ensuring each case follows a suitable path.

Legal Framework and Judicial Discretion

While CPR 26.8 outlines allocation criteria, judges have significant leeway in deciding case allocations. This allows for tailored consideration beyond just monetary value. The case of Dalton v Nottinghamshire County Council [2011] EWCA Civ 776 illustrates this, where the Court of Appeal supported placing a low-value claim on the Multi-Track due to its complexity and broader impact.

Track Details

Small Claims Track

Suitable for disputes up to £10,000 (with exceptions like personal injury), the Small Claims Track focuses on accessibility and efficiency, featuring:

  • Relaxed evidence rules (CPR 27.8)
  • Limited cost recovery (CPR 27.14)
  • Simplified trials, mostly overseen by District Judges

The case of Akhtar v Boland [2014] EWCA Civ 872 highlights the emphasis on proportionality and reducing excessive legal costs.

Fast Track

Handling claims between £10,000 and £25,000, the Fast Track strikes a balance between procedure and speed. Key elements include:

  • Standard directions (CPR 28.2)
  • Trials typically limited to one day
  • Fixed recoverable costs (CPR 45 Section III)

Goodwin v Ferns [2020] EWHC 3270 (QB) emphasizes the importance of meeting the Fast Track's time limits.

Multi-Track

For claims exceeding £25,000 or those needing a custom approach, Multi-Track offers tailored case management, including:

  • Case Management Conferences (CMCs)
  • Extensive disclosure and expert evidence
  • Flexible trial lengths

Wilton UK Ltd v Shuttleworth [2018] EWHC 911 (Ch) demonstrates the necessary tailored approach in complex commercial cases.

Factors Affecting Track Allocation

CPR 26.8 guides the court in deciding track allocation by considering:

  1. Financial value
  2. Type of remedy sought
  3. Complexity of the dispute
  4. Number of parties
  5. Value of any counterclaim
  6. Volume of oral evidence
  7. Significance to non-parties

Case Study: Complex Construction Dispute

Consider a £20,000 claim involving defective work and unpaid fee counterclaims in construction. Though within Fast Track value, it might be assigned to Multi-Track due to:

  • Technical issues needing expert input
  • Multiple parties (contractor, subcontractors, employer)
  • Potential industry-setting implications

This illustrates how allocation factors extend beyond monetary value.

Alternative Dispute Resolution (ADR) Influence

The court has a duty to encourage ADR where appropriate (CPR 1.4(2)(e)), intertwining with track allocation:

  1. Pre-action protocols: Following protocols including ADR may sway court views on case management.
  2. ADR Stays: Courts might pause proceedings for mediation (Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576).
  3. Cost Consequences: Refusing ADR unreasonably can result in adverse cost rulings (PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288).

Example: Mediation in Fast Track

In a £15,000 Fast Track professional negligence case, a mediation stay might reallocate it to Small Claims upon settlement, showing ADR's influence on track allocation.

Case Management Directions

After allocation, the court issues track-specific directions:

Small Claims Track

  • Simple directions for brief hearings
  • Limited disclosure

Fast Track

  • CPR 28.2 standard directions:
    • Disclosure in 4 weeks
    • Witness statements in 10 weeks
    • Expert reports (if allowed) in 14 weeks

Multi-Track

  • Custom directions from a CMC include:
    • Phased disclosure
    • Sequential expert reports
    • Interim applications, if needed

The Denton v TH White Ltd [2014] EWCA Civ 906 case highlights the importance of following these directions, establishing a test for relief from sanctions.

Conclusion

Understanding track allocation is essential for SQE1 FLK1 candidates and future practitioners. Key points include:

  1. The distinct features and processes of the three tracks.
  2. Allocation based on various factors, not just claim value.
  3. Judicial discretion allowing for case-specific decisions.
  4. ADR's role in influencing case paths.
  5. Differences in case management directions per track.
  6. The requirement to follow directions to avoid penalties.

By thoroughly understanding these concepts, aspiring solicitors can handle civil litigation effectively, managing disputes with precision and fairness as the legal environment continues to change.