What Is a Fast Track Claim?
Dealing with civil disputes can be stressful and confusing, especially if it’s your first time navigating the court system.In certain cases, there is a slightly more straightforward way to resolve disputes, called the Fast Track.
The Fast Track is designed to handle less complex disputes with a lower value, and aims to resolve claims more quickly. It usually takes approximately 12 months to reach trial on the Fast Track, and trial should last no longer than 1 day. Fast Track disputes often involve incur lower costs than other disputes, and it is usually easier to predict the costs that will be incurred. In this post, we’ll explore what kinds of claims are suitable for allocation to the Fast Track, the costs involved, and whether you might need a solicitor to help you through the process.
If, after reading this post, you would like further support and guidance around Fast Track Claims, contact our team at Helix Law. We are a specialist litigation team acting in various disputes across the country, including Fast Track Claims and more significant litigation in the High Court where there are millions or tens of millions in dispute.
What Are Fast Track Claims?
The Fast Track is where civil cases with a value between £10,000 and £25,000 are allocated in the court system. The Fast Track system aims to provide a quicker, more cost-effective resolution to these cases by setting fixed recoverable costs and limiting the complexity of legal proceedings.
Examples of Fast Track Claims
Fast Track claims are designed for more straightforward cases, which often require less time and resources from the court. Some of the most common examples include:
- Contractual Disputes: These claims arise from disagreements over the terms or performance of a contract, or even the circumstances around the parties’ entry into the contract. This can include breach of express terms, disputes over vague or uncertain terms, or misrepresentation.
- Personal Injury Claims: Claims where the injuries sustained are not severe, and the compensation sought falls within the Fast Track limit, such as minor road traffic accidents or workplace injuries.
- Property Damage: Disputes involving damage to property where the repair or replacement costs are not overly complex and fall within the Fast Track financial limits, including water damage or construction defects.
- Debt Recovery: Cases where a creditor seeks to recover a sum of money up to £25,000, such as an unpaid invoice or a loan.
Are Costs Recoverable in Fast Track Claims?
Yes, costs are recoverable in Fast Track claims, but they follow Fixed Recoverable Costs rules, or “FRCs”. This means that a set amount can be claimed to cover legal costs.
The aim of FRCs is to keep costs fair and predictable so that there is a level of certainty and control over what is being incurred by the parties, ensuring that this remains proportionate to the underlying claim. There are different FRCs for each stage of the legal process, from the start of the claim to the trial, so that you have an awareness around your potential recoverable costs throughout the case.
What Are the Bands for Fast Track Costs?
Fast Track claims are divided into different bands based on the complexity of the case. Each band has a set amount of recoverable costs to ensure that the legal costs you will recover if you win, are clear. Importantly these are not necessarily the costs you incur, but are the costs you can recover. This noted, we typically find we can work within FRC costs as with our use of technology we’re incredibly efficient. We have set out below a breakdown of each band and what it means:
Band 1
Band 1 is for the simplest cases with minimal complexity. These cases usually involve straightforward facts and require less legal work, and so the FRCs in this band are the lowest. An example of a Band 1 case might be a clear-cut debt recovery claim where the amount owed is undisputed.
Band 2
Band 2 covers cases that are more complex than Band 1 but still relatively straightforward, like minor personal injury claims or uncomplicated contractual disputes. Further work and time is required than the claims in Band 1, but such claims can still be manageable within a relatively short time frame.
Therefore, the fixed recoverable costs in Band 2 are higher than those in Band 1 but remain controlled and still relatively low.
Band 3
Band 3 is for moderately complex cases that require more detailed legal work, such as property damage disputes or more detailed contractual disagreements. The issues involved are more intricate, requiring additional time and resources to resolve, so the FRCs in Band 3 are higher to reflect this.
Band 4
Band 4 includes the most complex Fast Track cases, such as detailed property disputes or complicated commercial disputes. These claims will usually include multiple issues and may require expert evidence to be obtained. The legal work required in these cases can be significant,, and the fixed recoverable costs are the highest among the Fast Track bands to reflect this.
Do I Need a Solicitor for a Fast Track Claim?
There is no legal requirement that you must instruct a solicitor. Instructing solicitors incurs cost and represents an investment in time and money. Understandable you want and need a return on that investment. We approach costs in this way. Sometimes the value (in incurring costs) is based on extracting you from a difficult claim against you. In other circumstances it is in helping you maximise your position for the best possible outcome. The court process and rules of evidence are complex, and with Fast track claims there is a risk that you might lose on a technicality or procedural failure and not only not recover monies you’re legitimately entitled to, but you might also be ordered to pay the other sides costs. Instructing specialist litigation solicitors avoids these risks.
Specialist litigation solicitors such as our team willhelp collate evidence and ensure it is presented in the most persuasive way to the court, creating and using leverage and items in your favour, to improve your positioning with the judge. The aim in any and every instruction is to put you in the best possible position to win your case or to negotiate the best possible settlement.
Need Advice? Contact Helix Law.
If you are involved in a Fast Track claim or dispute, whether in an issued claim that has already been allocated by the court, or you’re in a dispute that you think might be a fast track dispute in the future- our specialist litigation team can help. We are experienced in acting in fast track disputes and have considerable strength in depth to be able to help you resolve your issue successfully.
For expert legal advice and support, contact Helix Law. We’d love to help resolve your dispute.