FLK1 · Dispute Resolution

Tracks & case management

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

Explained simply

Track allocation in civil claims, explained simply

DR.05 — Tracks & Case Management

After a defended claim, the court allocates it to a track. Allocation is driven by the statement of value but the court has discretion (CPR Part 26).

The four tracks

Small claims track — normally up to £10,000. PI: the pain/suffering/loss-of-amenity (PSLA) element must not exceed £5,000 for a qualifying RTA claim (accident on/after 31 May 2021), £1,000 in the rule 26.10 exception cases, and £1,500 for non-RTA PI (e.g. employers'/public liability). Housing disrepair small-claims limit is £1,000. Limited costs recovery — usually only fixed/court fees, not solicitors' costs.
Fast track — the normal track for claims of up to £25,000 for which the small claims track is not the normal track (CPR 26.9(5)). There is no minimum value, so a personal injury claim under £10,000 whose PSLA element exceeds the small-claims sub-limit is normally fast track. It is the normal track only if the trial is likely to last no more than one day and oral expert evidence at trial is likely to be limited to one expert per party in any expert field and to two expert fields (CPR 26.9(6)). Fixed recoverable costs apply.
Intermediate track — normally for claims unsuitable for small claims or the fast track, with monetary relief no more than £100,000. CPR 26.9(7)'s further conditions include: a trial of no more than three days if managed proportionately; oral expert evidence at trial likely to be limited to two experts per party; and one claimant against one or two defendants, or two claimants against one defendant (exceptions: CPR 26.9(8)–(10)). The expert limit is an allocation criterion; once allocated, CPR 28.14(2)(a) limits oral expert evidence to one expert per party, save where a second expert's oral evidence is reasonably required and proportionate. Introduced October 2023; fixed recoverable costs use complexity bands (1-4).
Multi-track — over £100,000, or any case too complex for a lower track.

Allocation

On filing the directions questionnaire, the court allocates having regard to factors in CPR 26.13: financial value, nature of remedy, complexity, number of parties, expert evidence, importance to non-parties, and views/circumstances of the parties. Part 26 was replaced from 1 October 2023 (SI 2023/572, rules 1 and 8; transitional provisions apply), including the new intermediate track. Do not treat this as a purely numbering change.

Case management

The overriding objective (CPR 1.1) — deal with cases justly and at proportionate cost — governs everything. The court actively manages cases (CPR 1.4) and gives directions at allocation (standard directions for small claims/fast track; a costs and case management conference (CCMC) with costs budgets / Precedent H on the multi-track).

Common traps

Value and track are not automatic: allocation is the court's decision. In assessing financial value it disregards amounts not in dispute, interest, costs and contributory negligence (CPR 26.13(2)). For a claim including non-monetary relief, it also disregards the prescribed amounts identified in r.26.13(2)(e). A specific, distinct item that the defendant admits it is liable to pay is not in dispute (PD 26, para 14(7)).
Counterclaims: do not simply add the counterclaim to the claim or ignore it altogether. The court generally does not aggregate money claims and generally treats the largest as determining financial value (PD 26, para 14(10)). The counterclaim's value and complexity are separate allocation factors (CPR 26.13(1)(e)).
Trial length matters: a money claim of GBP 25,000 or less is not automatically fast track. For the fast track to be the normal track, the trial must be likely to last no more than one day and the other conditions must be met (CPR 26.9(5)-(6)). Where it will take longer, the intermediate track is normal if the conditions in r.26.9(7) are met, subject to rr.26.9(8)-(10).
Don't confuse the PSLA sub-limits (£5,000 qualifying RTA / £1,000 in the rule 26.10 exceptions / £1,500 non-RTA) with the £10,000 small-claims ceiling.
The intermediate track is not the fast track — different band, three-day trial, complexity bands drive costs.
Costs budgeting is a multi-track feature (not fast/intermediate, which use fixed recoverable costs).

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A supplier delivers machinery to a manufacturer under a simple contract, not a deed. On 3 March 2024, its defective machinery causes a fire that seriously burns an adult factory worker and damages the factory. That day the worker knows the burns are serious, that they resulted from the supplier's defective machinery and who the supplier is. He proposes a negligence claim against the supplier for his injuries. The manufacturer proposes a contract claim against the supplier for the factory damage; the contractual breach also occurred on 3 March 2024. Neither claimant is under a disability, and there is no later date of knowledge or concealed fact to consider. Which best states the applicable primary limitation periods, leaving aside any discretionary extension?

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