NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK

Continuing with the series about the new rules relating to fixed costs.  Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track.

THE KEY DATE: 1st OCTOBER 2023

The rules only apply:

1. In non-personal injury cases where proceedings are issued on or after the 1st October 2023.
2. In personal injury cases where the cause of action is on or after 1st October 2023.
3. In personal injury claims that include a disease claim where the letter of claim is written on or after 1st October 2023

“Transitional provisions
2.—(1) Subject to paragraphs (2) and (3), in so far as any amendment made by these Rules
applies to—
(a) allocation;
(b) assignment to a complexity band;
(c) directions in the fast track or the intermediate track; or
(d) costs,
those amendments only apply to a claim where proceedings are issued on or after 1st October
2023.

(2) The amendments referred to in paragraph (1) only apply—
(a) to a claim which includes a claim for personal injuries, other than a disease claim, where
the cause of action accrues on or after 1st October 2023; or
(b) to a claim for personal injuries, which includes a disease claim, in respect of which no
letter of claim has been sent before 1st October 2023.
(3) This rule does not apply to the amendments made by rule 9(3)(b)(i) or rule 16(1) and (6) of
these Rules, nor to Section II of Part 45 in Schedule 3 to these Rules.”

CASES THAT MUST BE ALLOCATED TO THE MULTI-TRACK

There are also cases 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.