On Which Track? A Guide to Track Allocation & Case Management in Civil Claims

Introduction

In October 2023, a new Part 26 of the Civil Procedure Rules (CPR) was introduced. This segment of the CPR deals with the initial stages of case management, incorporating track allocation for claims.

The new intermediate track was also brought into existence for claims issued from the same time. In consequence, CPR 28, dealing originally with case management in the fast track and now also in the intermediate track, was given a complete refresh.

What impact will these new rules have on the all-important matter of case allocation for parties? In particular, is the court fully in control in this arena, or can parties’ advisers use the rules to their clients’ advantage if they wish to do so?

These and other questions around track allocation and the court’s case management powers will be considered in this webinar.

What You Will Learn

This webinar will consider:

• When and how does track allocation take place?
• The factors framing the choice
• The impact of the intermediate track on claims
• Requirements for disclosure including the specialist disclosure scheme
• Experts and witnesses
• Directions in particular courts (including the new King’s Bench Division masters’ directions)
• ADR options in the light of Churchill v Merthyr Tydfil County Borough Council (2023)
• The rarity of re-allocation under CPR 26.18 and the costs consequences