What is a case in the fast track or multi track


As with the small claims track, the decision about track allocation is communicated by means of a form. This will give the reason that the particular track has been selected, and in the case of the fast track a period (usually three weeks) for the trial to be held will be given. The decision about track allocation is usually taken just on the basis of the allocation questionnaires, but it is possible that an allocation hearing will be ordered.

If the case is allocated to the fast track, the allocation form will usually give the directions and state the date by which the listing questionnaire must be returned to the court. Directions are at the discretion of the judge but standard directions may well be considered appropriate. The following are typical directions and a typical timetable for a case allocated to the fast track:

There is no standard procedure for cases allocated to the multi-track and each case will be managed according to its individual circumstances. The judge may use one of, or a combination of, standard directions, case management conferences and a pre-trial review. Directions are likely to include an order for disclosure and inspection of documents, a date for filing a listing questionnaire and, as soon as possible, a period of one week during which the trial will begin.

A listing questionnaire is required for fast tack and multi-track cases and there is a trial fee which is payable when the listing questionnaire is filed. At the time of publication this is British Pounds 200 for a case in the fast track and British Pounds 300 for a case in the multi-track. The fee is payable only by the claimant unless the case is proceeding on a counterclaim alone. In this event it is payable just by the defendant. As with the allocation questionnaire, the parties are expected to co-operate in providing information for it. It is an important document and, again as with the allocation questionnaire, the return of the listing questionnaire should not be held up if the co-operation is not forthcoming. The court may impose sanctions on a party that does not return the listing questionnaire on time. Sanctions can include striking out the claim, defence or counterclaim.

A court publication gives the following things that a judge might decide following receipt of the listing questionnaires:

The same publication states that the purposes of a pre-trial review, if one is held, will be to decide the following:

If it is a fast track case, it may be heard by a circuit judge or a district judge. If it is a multi-track case it may be heard by a circuit judge or a High Court judge. The informal procedures at a hearing of a small claims track case will not be used at a trial of a fast track or multi-track case. Evidence will be given under oath and the rules of evidence will apply. Following the trial the parties will receive an order (judgment) and this will set out any order for costs that was made.

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