Fast Track vs. Multi-track Claims
In England & Wales, the court assigns civil claims to “tracks” according to their complexity, amount of money claimed, and estimated trial time. This is an important factor that determines the way a case will proceed in court and the steps that will be taken before trial.
Whether or not your case falls into Small Claims, the Intermediate Track, Fast Track or Multi-track, can have a significant impact on the procedures, costs and steps that are required before trial. We will explore the differences between Fast Track claims and Multi-track claims below. These are the most complex disputes that occur in the court system, and the most common types of cases we encounter and assist with. This article will help you to understand the differences and what you can expect, so you can navigate the legal process effectively. For further guidance, contact a member of our specialist litigation team at Helix Law and we will be happy to explore how we can help you.
What Is Allocation, and When Does It Take Place?
Allocation is the process by which the court decides the most appropriate track for your case. This is usually determined by the complexity of the case, the time and resources required to manage the dispute and the amount involved. The allocation happens after the claim is filed and the defence is filed. Within a few weeks after the defence is filed, the court will send both parties a Notice of Proposed Allocution along with a Directions Questions. The answers to this questionnaire will help the court decide which track the case should be dealt with under/within. This includes Small Claims, Intermediate Track, Fast Track, and Multi-track. What Are the Different Tracks?
Small Claims
The track for Small Claims is designed to handle disputes with relatively low amounts. Typically, up to PS10,000. It is designed to be a simple and less formal process that suits cases without extensive evidence or detailed legal arguments. The procedures are simplified so that individuals can represent themselves without the need for a lawyer. The hearings are usually short and cost-effective, lasting often less than a full day. Many people refer to the’small claims court’ in error. Small claims are claims that are allocated to the small claim track in the county court. Small claims are claims that are allocated to the small claims track in the county court.
Importantly costs are usually not recoverable in disputes allocated to the small claims track.
Fast Track
The Fast Track handles claims between PS10,000 and PS25,000 and is designed for cases that are more complex than Small Claims but still straightforward enough to be resolved quickly. Fast Track trials should not last more than one day.
The preparation process is more thorough, requiring disclosure of documents, witness testimony, and expert evidence. Legal costs can be recovered in fast track cases at the court’s discretion. The court has discretion when it comes to costs. It will often take into account the conduct of both parties when deciding whether or not to order an adverse costs order. Costs are always at the court’s discretion. For most claims issued after 1 October 2023 allocated to the Fast or Intermediate Tracks, only Fixed Recoverable Costs (FRC) are now recoverable, with the losing party being ordered to pay the winner
‘
s costs as well as their own.
FRC provide a high level of certainty about costs that can be recovered if you win. They apply to most disputes between PS25,000 and PS100,000. FRC is usually not applicable to disputes involving property, housing, shareholder disputes, and claims exceeding PS100,000. Please contact us if you
Prior to issuing court proceedings
,
it is usually not possible to recover your legal costs. FRC are only applicable after court proceedings. The FRC regime has different bands (or levels of complexity) and different amounts that can be recovered depending on where you are in the claim before court. We will be happy to review your dispute and provide you with an estimate of the Fixed Recoverable costs that may apply. There is often a difference in the costs you incur and what you can claim. We advise on this fully and transparently where we are instructed.
Intermediate TrackThe Intermediate track has been implemented since October 2023. This will now be the usual track allocated where the amount of money in dispute is not more than PS100,000; trial may not last longer than 3 days; there are not more than 3 parties to the dispute; and there are no other factors that might tend to suggest the multi-track is more appropriate.Within the intermediate track there are bands of complexity that directly link back to FRC recoverable costs.
Multi-track
The Multi-track is reserved for cases exceeding PS100,000 or those which are particularly complex, regardless of the amount. This track is reserved for cases that are complex, or exceed PS100,000. Multitrack cases may take longer to resolve because they require more intensive legal preparation, which can lead to higher costs. However, the multi-track provides flexibility for complex cases, allowing the court to manage each case bespoke.Costs are recoverable under the multi-track and are usually ordered as payable by the losing party to the winner. If the dispute is worth less than PS1million, the court will order cost budgeting. The court will order detailed budgets for each phase. In this way the court attempts to manage the costs being incurred of all parties in a dispute.
What’s the Difference Between Fast Track and Multi-track Claims?
The main differences between Fast Track, Intermediate Track and Multi-track claims are their complexity, the amount claimed, and the procedures involved. The Fast Track is for less complex claims with a value between PS10,000 and PS25,000. This track involves more structured and time-limited processes, such as restricted evidence and disclosure requirements. This track involves more structured and time-limited processes, such as restricted evidence and disclosure requirements.
Intermediate Track disputes are usually valued between PS25,000 and PS100,000 and may need longer than 1 day but less than 3 days.
The Multi-track, on the other hand, handles claims over PS100,000 or cases that are too complex to be appropriately dealt with by the Fast Track or Intermediate Track. This allows for a more thorough evidence gathering process, multiple hearings and flexible case management.
Most of our work involves multi track and intermediate track disputes, with some fast track matters from time to time.
Multi-track cases often take much longer to resolve and require more detailed preparation, usually involving expert witnesses and comprehensive legal representation. Therefore, the Multi-track’s flexibility is most appropriate for ensuring that case management directions can be tailored to each case.
Frequently Asked Questions
Do I Need a Solicitor for a Fast Track Claim?
Technically it is not a requirement that solicitors are instructed in any level of dispute. It is possible to act “litigant in Person” and pursue a claim, or defend yourself without incurring costs. This is a very high-risk approach and process, not least because if you lose, you may be ordered to pay both the winner’s costs and your own. It is also less obvious that if your opponent does not incur costs, they have no reason to continue to dispute your claims. If solicitors are engaged and costs are incurred, the opponent is essentially digging themselves a deeper hole by continuing to act unreasonably. Instructing a solicitor can be a powerful and effective way to force a resolution, for these reasons and others. You must prove your case in accordance with the rules of court and according to the law. There is no “right to win”. They may not.
Can the Fast Track Trial be longer than one day?
Yes. However, the new Intermediate Track would likely be more appropriate if the trial was to take more than a single day. Fast-Track trials tend to be those that the court believes can be tried within a day. However, there are exceptions.
Need Advice? Contact Helix Law.
Allocation of a dispute is often the first stage where complexity is encountered in a dispute. Even though it may seem easy to file a claim and be quick, there are many complexities, including cost, risk, and rules of evidence. These are all unknown to even solicitors who don’t work in litigation. When mistakes are made, they can have a significant impact. You could lose a winning claim, fail to maximize recovery, run into a technical issue you can’t solve, or be ordered to pay another’s costs. This complexity is a result of the need to understand the differences in the allocations for Fast Track, Intermediate Track and Multi-track claims. It is important to position yourself in a dispute on the front foot. It is also very persuasive to a judge to appear to be accurate and knowledgeable about the process. This in itself is persuasive, as it shows that you know what you are doing and saying. How you respond to and prepare for the court’s allocations and directions questionnaires can have a significant impact on the outcome of your case. Contact Helix Law for expert legal guidance and support in navigating claim and defence litigation courts processes. Our team is highly experienced and specializes in disputes. We provide transparent advice, and we work in courts and disputes throughout the country for clients both nationally and internationally. We’d be happy to help you.
