Written by
Philip Young
Founder of Garfield
Table of contents:
1. Small Claims Track
2. Fast Track
3. Intermediate Track
4. Multi-Track
Overview
The different tracks in English Courts
Explore the four main tracks in the English court system for civil claims: small claims, fast track, intermediate track, and multi-track. Learn about their purposes, value limits, and procedural differences.
In the English court system, civil claims are categorized into different tracks that determine the procedure and rules to be followed. These tracks are designed to handle cases based on their complexity, value, and the time they will take to resolve. Here is an overview of the small claims track, fast track, intermediate track, and multi-track:
1. Small Claims Track
The small claims track is designed for dealing with less complex cases involving claims under £10,000 (for money claims - for personal injury and certain other claims there are other limits). This track is the most informal among the tracks available in the civil courts and is intended to be accessible even to those without a legal representative. Hearings are generally less formal, do not typically involve extensive witness evidence or expert testimonies, and the costs that can be recovered in this track are strictly limited to prevent expensive litigation over relatively small sums of money. It’s commonly used for more straightforward disputes like debts, consumer issues, small business disputes, or minor personal injury claims.
2. Fast Track
Fast track is suitable for claims that are more complex than those suitable for the small claims track but not so complicated as to require the detailed handling of the intermediate or multi-track. The value of claims that typically fall into this track is between £10,000 and £25,000. Hearings in the fast track are limited to one day (about 5 hours), and the scope of witness statements and expert evidence is tightly controlled. Costs recoverable in fast track proceedings are higher than in the small claims track but are subject to fixed recoverable costs which provide predictability to the parties about the potential legal expenses.
3. Intermediate Track
The intermediate track is a relatively new proposal aimed at handling claims valued between £25,000 and £100,000, which are of moderate complexity and do not fit neatly into the fast track or the multi-track. This track was proposed to streamline the handling of cases that could benefit from a level of procedural rigidity without the extensive preparations and trial time typically associated with the multi-track. The goal is to ensure efficient resolution of these medium-value cases with appropriate controls on time and costs, though as of now, specific procedures and rules are still evolving.
4. Multi-Track
The multi-track is reserved for the most complex and highest value cases, generally those involving sums over £100,000 or cases that involve significant points of law or complex factual issues that require lengthy examination. There is no upper limit to the value of claims that can be dealt with in the multi-track. The proceedings in the multi-track are much more flexible compared to other tracks and are tailored to the needs of the particular case. This can involve detailed pre-trial case management, extensive disclosure, a lengthy trial, and the use of a wide range of legal expertise and evidence, including multiple expert witnesses. The costs involved are substantially higher than in other tracks, and the cost recovery is subject to detailed assessment rather than being fixed or capped.
Overview
Each track in the English court system is designed to match the nature of the civil claim with the most appropriate level of judicial resources and procedural formality. The aim is to handle cases as efficiently as possible while ensuring fair access to justice. This system helps manage the courts' workload and ensures that cases that do not require extensive judicial intervention can be resolved swiftly and cost-effectively, while more complex cases receive the detailed attention they require.