Multi-track Definition

GLOSSARY

Published by a UU��ֱ�� Dispute Resolution expert

What does Multi-track mean?

The appropriate track for claims for which neither the small claims track nor the fast track is appropriate.

See CPR Rule 26.6(6).

View the related checklists about Multi-track

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

Electronic disclosure—checklist

Electronic disclosure—checklist Priority issues • familiarisation with your obligations in particular under CPR 31 and CPR PD 31B. (Note: if the proceedings are in the Business & Property Courts and subject to the disclosure scheme operating there then you should also familiarise yourself with the specific requirements of that regime with regard to disclosure and the consider the below points in the light of the scheme’s specific provisions, see further: Disclosure scheme—overview) • consideration of data protection obligations for example under the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (the UK GDPR) and the Data Protection Act 2018 (DPA 2018) • inform the client of its obligations and in particular the need to preserve disclosable documents • budget—consider what is a proportionate and reasonable spend for e-disclosure management given the value and complexity of the claim, bearing in mind that the full extent of a dispute is rarely clear in the early stages • consider what is a cost-effective way to conduct the e-disclosure exercise. In...

Passing off—flowchart

Passing off—flowchart Passing off action Passing off is a common law action that is used to protect unregistered trade mark rights in the UK. The stages of the Flowchart cover establishing a claim for passing off covering: • the three essential elements of goodwill, misrepresentation, and damage • sending a letter of claim, issuing proceedings and applying for an injunction • commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court • case management including allocation, the case management conference and directions • disclosure and evidence including inspection, additional disclosure and survey evidence • trial preparation and post-trial activities such as election between damages or an account of profits • applications to appeal Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Passing off—goodwill, misrepresentation and damage • Trade mark and passing off disputes—a practical guide • How to run an IP dispute...

Copyright infringement action—flowchart

Copyright infringement action—flowchart STOP PRESS: This Flowchart is under review. Once it has been reviewed, its status will return to maintained. For more information about running an IP dispute, see Practice Note: How to run an IP dispute. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview Claim preparation and pre-action matters—Precedents • Notice of seizure of infringing copies Claim preparation and pre-action matters—Checklist • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Unjustified threats of intellectual property right infringement...

How to comply with the disclosure process efficiently

How to comply with the disclosure process efficiently Disclosure: an important and integral part of litigation Disclosure requires parties to list documents in their control connected to the disputed issues, show this to the other participants, and allow their opponents to see the documents. Disclosure is a compulsory part of, and integral to, litigation. It may be case-winning and case-losing. According to the rules governing disclosure in claims in the Business and Property Courts (regime 2 below), disclosure is ‘important in achieving the fair resolution of civil proceedings’. In conducting litigation, the Court of Appeal said (2014) there was ‘a public interest in ensuring that all relevant evidence is provided to the court’, while recognising that the obligation ‘is an invasion of the litigant's right to privacy and confidentiality.’ In a situation where the defendants had failed to comply with disclosure orders, a judge said (2022) that: ‘[t]here is no choice to opt out of this process. The exercise has to be gone through and an account given of it,...

Costs budgets—late filing

Costs budgets—late filing This Practice Note considers the consequences of failing to serve a costs budget in time (or at all) and what options are available in the event of this happening to include the likely need to make an application for relief from sanctions. What happens if I am late providing the costs budget? CPR 3.13 provides that all parties, unless they are litigants in person, must file and exchange costs budgets either with their directions questionnaires, where the stated value of the claim on the claim form is less than £50,000 or, in any other case, no later than 21 days before the first case management conference (CMC). This is subject to the court making an order which provides for different timescales. It is important to be aware that the provision in CPR 3.14 on failing to file a costs budget covers not only a complete failure to provide a cost budget but also any failure to comply with the relevant rules. Where a party is late in...

Discover our 207 Practice Notes on Multi-track

Standard multi-track directions—no expert evidence

Standard multi-track directions—no expert evidence Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert Claimant’s name] Claimant and [insert Defendant’s name] Defendant _______________________________________ [ Draft ] multi-track standard directions _______________________________________ Warning: you must comply with the terms imposed upon you by this order, otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires. [On [insert date] [Circuit Judge OR District Judge OR Master] [insert name] sitting at [[insert Court] OR [insert room...

Schedule of loss—multi track

Schedule of loss—multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name] Claimant and [Insert name] Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [INSERT DATE OR INSERT THE DATE OF TRIAL] ________________________________________________ The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth eg 25 August 1986] Date of accident: [insert date of accident eg 16 April 2018] Claimant’s age at accident: [insert age eg 31] [Date of schedule OR trial]: [insert date schedule was drafted or the date of the trial eg 25 August 2020] Claimant’s age at date of [schedule OR trial]: [insert age eg 34] Date of ill health retirement: [insert date eg 26 February 2019] Date began new employment: [insert date eg 18 June 2019] Projected date of retirement: [insert date eg 18 August 2051]...

Dive into our 27 Precedents related to Multi-track

If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?

If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount? CPR 26.6 states that the fast track is the ‘normal’ track for claims valued between £10,000 and £25,000. However, while the value of a claim is one of the factors to be taken into account when a court allocates a claim (whether it be to the small claims track, fast track or multi-track), it is not the only factor. The court will have regard to all the factors listed at CPR 26.8(1) when deciding whether to allocate a case to the ‘normal’ track. The fact that the court should consider those factors before determining the appropriate track means that it should likewise be entitled to conclude that a case is suitable for the fast track even if the value exceeds £25,000. For further guidance, see Practice Note: Case management—allocation—the different case management tracks. Further, CPR 16.3(7) in any...

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date? The Q&A does not specify whether the proceedings are subject to the fixed costs regime, or whether the case has been allocated to a different track. Different tracks have different costs rules. In particular, whereas the usual rules about recovering costs apply on the fast track (for example, the ‘loser pays’ principle, and the court’s assessment of reasonableness and proportionality), costs recovery is likely to be limited. In addition, in fast track cases, recoverable trial costs are very limited (CPR 28.2(5)). Given that there should be no difficulty in recovery of costs in excess of fixed costs for a claim to be allocated to the multi-track, it is assumed that the proceedings in this Q&A are...

See the 82 Q&As about Multi-track

Minutes of the CPR Committee meeting—5 July 2024

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 5 July 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including Alternative Dispute Resolution, the referral of parole cases to the High Court, amendments to CPR 25 (interim remedies and security for costs) and the small claims paper determination pilot scheme.

Dispute Resolution weekly highlights—11 July 2024

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 170th Practice Direction update and the Court of Appeal decision in Merricks v Mastercard Incorporated (applicable law in tort claims); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Read the latest 176 News articles on Multi-track

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind."

Jai Stern

Access all documents on Multi-track

GET ACCESS NOW

Top

Trial

UU��ֱ��

GLOSSARY