If you’re involved in a civil dispute in the UK, you might hear legal terms like “Small Claims,” “Fast Track,” and “Multi-Track.” These aren’t different courts, but rather the three different procedural routes, or “tracks,” that a case can be allocated to. The track your case follows will significantly impact everything from the cost and timeline to the complexity of the legal process.
At KhanMather Solicitors, we help clients understand which track their case is likely to be allocated to and what that means for their dispute. Here’s a straightforward guide to help you navigate the system.
The Allocation Process
When a claim is filed and the defendant responds, the court will review the case and “allocate” it to a specific track. This decision is based primarily on two factors:
- The value of the claim: The monetary amount being disputed.
- The complexity of the case: The number of parties, the legal issues, and the amount of evidence required.
Let’s break down the three main tracks.
- Small Claims Track
This is the most common track and is designed for low-value, straightforward disputes.
- Value: Generally for claims up to £10,000.
- Purpose: To provide a simple, cost-effective, and informal way to resolve disputes without the need for extensive legal representation.
- Key Features:
- Less Formal: The court process is less rigid, and hearings are often held in private rooms by a District Judge but can be in open court.
- Limited Costs: A key feature is that the winning party usually cannot recover their legal costs from the loser, apart from a small amount of court fees and expenses. This is why many people choose to represent themselves.
- Quicker Timeline: Cases on this track are typically resolved within six months.
- Simpler Evidence: The court will look at the documents filed and may not require extensive oral evidence from witnesses.
The Small Claims Track is ideal for issues like a minor breach of contract, a dispute over a faulty product, or a small unpaid debt.
- Fast Track
The Fast Track is for cases that are more complex than Small Claims but are not high-value enough to justify a more extensive process.
- Value: For claims valued between £10,000 and £25,000.
- Purpose: To provide a quicker and simpler process than the Multi-Track, with a strict timetable to keep costs and time proportionate.
- Key Features:
- More Formal: The process is more structured, with the court setting a timetable for exchanging documents and witness statements.
- Fixed Costs: There are fixed recoverable costs, meaning the legal fees the winning party can claim are capped. This provides some certainty about the financial risk.
- One-Day Trial: The trial is usually limited to one day.
- Limited Experts: The court will generally only allow one expert witness per party, in a maximum of two different fields.
This track is often used for medium-value personal injury claims, minor property disputes, or more complex debt recovery cases.
- Multi-Track
The Multi-Track is reserved for the most complex and high-value disputes.
- Value: For claims over £25,000, or for less valuable claims that have a high degree of legal or factual complexity.
- Purpose: To provide the court with the flexibility to manage complicated cases effectively, without the rigid rules of the Fast Track.
- Key Features:
- Extensive Case Management: There is no standard procedure. Instead, the court actively manages the case with a bespoke timetable, setting deadlines for disclosure, expert reports, and witness statements.
- Longer Trials: Trials on this track often last for several days or even weeks.
- Significant Costs: Costs are not fixed and can be substantial. The court has a great deal of discretion over who pays the costs at the end of the case.
- Extensive Evidence: The court will allow for multiple expert witnesses and detailed evidence to be presented.
Multi-Track cases include high-value commercial disputes, clinical negligence claims, and complex professional negligence cases.
Which Track is Right for You?
Understanding these tracks is crucial to managing a civil dispute. While the court makes the final decision on allocation, having legal advice from the outset can help you prepare and understand what lies ahead. At KhanMather Solicitors, we specialise in civil litigation and can provide expert guidance on your case, ensuring it is handled efficiently and effectively, regardless of which track it is allocated to.
If you are facing a civil dispute, contact Amaan on 0161 850 9911 today for a confidential discussion about your options.