Fast Track vs Multi-track Claims

In England and Wales, the court allocates all civil claims to different “tracks” based on their complexity, the amount of money being claimed, and the estimated amount of time needed for trial. This allocation is one important aspect that determines how a case will be handled by the court, and the various steps that will take place before trial. 

Whether your case falls under Small Claims, Intermediate Track, Fast Track, or Multi-track can significantly impact the procedures, costs, steps and time that will be needed before trial. 

Below we explore the differences between Fast Track and Multi-track claims specifically, among the most complex disputes in the court system and the most frequent types of matters we encounter and are instructed to assist with. We hope this helps you understand the key differences and what to expect so that you can navigate the process effectively. For further guidance, contact a member of our specialist litigation team at Helix Law and we will be happy to explore how we can help you.

What Is Allocation, and When Does It Take Place?

Allocation is the process by which the court decides the most appropriate track for your case. This is usually based on the complexity of the dispute, the amount of time and resources that will be needed to actively manage the dispute, and the amount involved. Allocation happens after a claim has been issued and a defence has been filed. 

Within a few weeks of the defence being submitted the court will send a Notice of Proposed Allocation to both parties along with a Directions Questionnaire. The responses to this questionnaire help the court to decide the track the case should be handled under/within one of a number of ‘tracks’ such as and including; Small Claims, Intermediate Track, Fast Track, or Multi-track. 

Each track has its own rules and procedures, and separating cases into these four tracks ensures they’re dealt with efficiently and justly according to their complexity and value.

What Are the Different Tracks?

Small Claims

The Small Claims track is designed for disputes involving relatively low amounts, typically up to £10,000. It’s intended to be a straightforward and less formal process, suitable for cases that don’t require detailed legal arguments or extensive evidence. 

The procedures are simplified to allow individuals to represent themselves without needing a solicitor. Costs are limited, and the hearing is usually short, often lasting less than a day. People can often wrongly refer to ‘the small claims court’. There is no small claims court. Small claims are claims that are allocated to the small claims track in the county court.

Importantly costs are usually not recoverable in disputes allocated to the small claims track.

Fast Track 

The Fast Track handles claims between £10,000 and £25,000 and is designed for cases that are more complex than Small Claims but still straightforward enough to be resolved quickly. Fast Track trials are expected to last no more than one day. 

The process involves more detailed preparation, including disclosure of documents, witness statements, and sometimes expert evidence. Due to the increased complexity and the need to adhere to procedural rules, legal representation is more common in Fast Track, Intermediate and Multi Track cases.

Legal costs are recoverable in the fast track, at the discretion of the court. The court always maintains discretion in relation to costs and will usually take the conduct of the parties into account when considering whether to make an adverse costs order (or not). 

Costs are always ordered at the discretion of the court. For most claims issued after 1 October 2023 allocated to the Fast or Intermediate Tracks, only Fixed Recoverable Costs (FRC) are now recoverable, with the losing party being ordered to pay the winner’s costs as well as their own. 

FRC give a high degree of certainty regarding costs that will be recoverable if you win and apply to most disputes valued between £25,000 and £100,000. Property, housing (landlord and tenant), shareholder disputes and claims valued in excess of £100,000 are usually exempted from the FRC regime. Please contact us if you 

Prior to issuing court proceedings, it is usually not possible to recover your legal costs. FRC apply after court proceedings have been issued. The FRC regime includes different bands (or levels) of complexity, and different amounts that will be recoverable depending on the stage you reach in the claim before the court. We are happy to review and advise on the level of Fixed Recoverable Costs likely to apply to your dispute. Contact us if you require advice or assistance regarding this.

There is often a difference between the costs you incur versus what you can recover. We advise on this fully and transparently where we are instructed.

Intermediate Track

The Intermediate track has been implemented since October 2023. This will now be the usual track allocated where the amount of money in dispute is not more than £100,000; trial may not last longer than 3 days; there are not more than 3 parties to the dispute; and there are no other factors that might tend to suggest the multi-track is more appropriate.

Within the intermediate track there are bands of complexity that directly link back to FRC recoverable costs.

Multi-track

The Multi-track is reserved for cases exceeding £100,000 or those which are particularly complex, regardless of the amount. This track is used for disputes that require detailed management, multiple court hearings, and extensive evidence. 

Multi-track cases can take much longer to resolve, often requiring more intense legal preparation and higher costs. However, the multi-track provides flexibility for complex cases, allowing the court to manage each case bespoke.

Costs are recoverable under the multi-track and are usually ordered as payable by the losing party to the winner. If the value of the dispute is below £1million then the court will usually order costs budgeting. This is a process where detailed budgets are drafted and are ordered by the court for each phase. In this way the court attempts to manage the costs being incurred of all parties in a dispute.

What’s the Difference Between Fast Track and Multi-track Claims?

The main differences between Fast Track, Intermediate Track and Multi-track claims are their complexity, the amount claimed, and the procedures involved. The Fast Track is suitable for less complex cases with a value of between £10,000 and £25,000. 

Fast Track trials are also expected to be completed within a day. This track involves more structured and time-limited processes, such as restricted evidence and disclosure requirements.

Intermediate Track disputes are usually valued between £25,000 and £100,000 and may need longer than 1 day but less than 3 days.

The Multi-track, on the other hand, handles claims over £100,000 or cases that are too complex to be appropriately dealt with by the Fast Track or Intermediate Track. This allows for more extensive evidence gathering, multiple hearings, and flexible case management. 

Most of our work involves multi track and intermediate track disputes, with some fast track matters from time to time.

Multi-track cases often take much longer to resolve and require more detailed preparation, usually involving expert witnesses and comprehensive legal representation. Therefore, the Multi-track’s flexibility is most appropriate for ensuring that case management directions can be tailored to each case.

Frequently Asked Questions

Do I Need a Solicitor for a Fast Track Claim?

Technically it is not a requirement that solicitors are instructed in any level of dispute. It is possible to act as a ‘litigant in person’ and effectively seek to pursue a claim or defence yourself, without incurring costs instructing solicitors. This is quite a high-risk process and approach however not least because the starting point is that if you lose you might be ordered to pay the winners costs as well as your own. The other less obvious point is that if you are not incurring costs, there is no adverse costs risk to your opponent- there is basically no downside to them in continuing to dispute what you say. Whereas if solicitors are instructed and costs are being incurred, they are essentially digging a deeper hole if they continue to act unreasonably. Instructing solicitors can be powerful and incredibly effective in forcing resolution including for these and other reasons.

Fast Track and above cases involve more complex legal procedures and evidence based rules. There is no ‘right to win’ and it is on you to actively prove what you say, appropriately and in accordance with court rules, and to win based on merit not on a flawed assumption the judge will understand or will simply side with you. They may not. 

Can a Fast Track Trial Be More Than One Day?

Yes, although with the new Intermediate Track if longer than a day is needed that would likely tend to suggest the Intermediate Track is more appropriate. While Fast-Track trials are typically those that the court estimates can be tried in a single day, there are exceptions. 

Need Advice? Contact Helix Law.

Allocation of a dispute is often the first stage where complexity is encountered in a dispute. It can be fairly quick and appear easy to issue a claim, but there is complexity- cost and risk, and processes and rules of evidence that are unknown even to solicitors who do not work in litigation. There can be significant impacts where mistakes are made- losing a winning claim, failing to maximise recovery, encountering a technical problem you can’t resolve, or even being ordered to pay someone else’s costs. Understanding the differences between allocations to the Fast Track, Intermediate Track and Multi-track claims form a part of this complexity. From a positioning sense it is important that in any dispute you are positioned on the front foot- and it is incredibly persuasive before a judge for you to be seen to be entirely accurate and on top of detail of process. This is, in itself, persuasive that you are right and know what you’re doing and are saying.

Each track involves specific procedures and requirements, and these can be complex. The reality is that how you prepare and respond to the court’s allocation and directions questionnaires are another factor that in combination can significantly impact the outcome of your case. 

Contact Helix Law today for expert legal support and guidance in navigating the claim and defence litigation court processes. Our experienced team are specialists in disputes. We give transparent advice and work in courts and disputes across the country for clients nationally, and internationally. We’d love to assist you.