What Does Allocation of a Case Mean?

Business litigation (often referred to as Commercial Litigation) can involve a wide variety of disputes ranging from an unpaid invoice to a shareholder dispute. Consequently these disputes can vary widely in terms of their value and complexity. When a claim is issued and is defended one of the first things to happen is that the court will consider the directions necessary moving forwards to ensure the claim is actively administered moving forwards. Directions include the court allocating a claim to a particular ‘track’ which reflects the financial value and complexity and reflects the steps the court considers likely to be necessary and appropriate moving forward.

The Civil Procedure Rules now include four tracks: the small claims track for claims under £10,000, the fast track for cases valued up to £25,000, the intermediate track for claims between £25,000 and £100,000, and the multi-track for larger claims. 

In High Court disputes, there are further allocation points, including both into specific lists, such as the Business list, Commercial list, Insolvency and Companies list, Intellectual Property List, and Property, Trusts & Probate List. Cases in the high court will be allocated to a particular list depending on the type of dispute, and also to a different band or tier of judge such as high court judge, master or circuit judges. The level of judgment allocated will also depend on the issues in dispute, as well as the value and complexity of the legal and factual arguments.