NEW FIXED COSTS RULES: WHEN IS A CASE ALLOCATED TO THE INTERMEDIATE TRACK?

The new rules introduce the “intermediate track”.  Here we look at the factors that lead to allocation to that track.

From the 1st October 2023 we have a new CPR 26.9.  The small claims track remains. The fast track is the normal track for those cases not in the small claims track and where damages are less than £25,000.   The multi track is the normal track for cases over £100,000. As the name suggests the intermediary track is for those cases between £25,000 and E100.000.  (There are a number of important exceptions, see below).

THE NEW RULE 26.9

“.. the intermediate track is the normal track
where—
(a) the claim is suitable for neither the small claims track nor the fast track;
(b) the claim includes a claim for monetary relief, the value of which is not more than
£100,000;
(c) the court considers that—
(i) if the case is managed proportionately, the trial will not last longer than three
days;
(ii) oral expert evidence at trial is likely to be limited to two experts per party;
(iii) the claim may be justly and proportionately managed under the procedure set
out in Section IV of Part 28; and
(iv) there are no additional factors, which would make the claim inappropriate for
the intermediate track; and
(d) the claim is brought by one claimant against either one or two defendants, or is
brought by two claimants against one defendant

NON-MONETARY RELIEF

(8) Where the relief sought includes a claim for non-monetary relief, the claim shall not
be allocated to the intermediate track unless the court also considers it to be in the interests
of justice to do so.

(9) Subject to paragraph (10), the court may allocate a claim to the intermediate track
where it considers it to be in the interests of justice to do so.

CLAIMS THAT MUST BE ALLOCATED TO THE MULTI-TRACK

(10) A claim must be allocated to the multi-track where that claim is—
(a) a mesothelioma claim or asbestos lung disease claim;
(b) one which includes a claim for clinical negligence, unless—
(i) the claim is one which would normally be allocated to the intermediate track
and
(ii) both breach of duty and causation have been admitted;
(c) a claim for damages in relation to harm, abuse or neglect of or by children or
vulnerable adults;
(d) a claim is one the court could order to be tried by jury if satisfied that there is in
issue a matter set out in section 66(3) of the County Courts Act 1984(a) or section
69(1) of the Senior Courts Act 1981(b); or
(e) a claim against the police which includes a claim for—
(i) an intentional or reckless tort; or
(ii) relief or a remedy in relation to a breach of the Human Rights Act 1998(c).
(11) Paragraph (10)(e) does not apply to—
(a) a road accident claim arising from negligent police driving;
(b) an employer’s liability claim;
(c) any other claim for an accidental fall on police premises.

(12) The multi-track is the normal track for any claim for which the small claims track or
the fast track or the intermediate track is not the normal track.