What Is the Intermediate Track in a Court Claim?
In October 2023, the UK government introduced the Intermediate Track to fill a gap in the civil court system. Previously, any civil claim was allocated to one of three tracks: Small Claims, Fast Track, or Multi-Track. The new Intermediate Track is designed for cases that are too complex for the Fast Track but don’t need the extensive resources of the Multi-track.
It offers a middle ground, making the legal process more efficient for moderately complex cases. If you’d like further information or support with your claims, contact the team at Helix Law today and we will be happy to assist you.
Understanding the Intermediate Track
What Is the Intermediate Track?
The Intermediate Track is a new category in the UK civil court system that handles cases that are more complicated than those suited for the Fast Track but not complex enough for the Multi-track.
It’s designed for claims with a value between £25,000 and £100,000, providing a middle ground by offering a structured process for cases that need more attention than simple disputes but don’t require the extensive resources of the most complex cases.
It enables the efficient management of these moderately complex cases, keeping legal costs reasonable and outcomes more predictable for the parties involved.
Here’s what specifically makes a case suitable for the Intermediate Track:
- Moderate Complexity: It involves multiple legal or factual issues needing detailed examination but does not require extensive case management.
- Trial Duration: Expected to need a trial of up to three days.
- Detailed Legal Arguments: Requires careful consideration of legal issues like contract interpretation or complex regulatory disputes.
- Comprehensive Evidence: The case needs more evidence, including multiple witness statements and expert reports, than Fast Track cases but less than Multi-track cases.
- Suitable Claims: Typical commercial disputes, professional negligence claims, and property disputes that are too complicated for simpler tracks.
- Exclusions: Excludes personal injury, clinical negligence (unless both breach and causation are admitted), fraud allegations, or cases needing more than three trial days.
- Standard Directions: Involves specific case management directions for evidence disclosure and witness statements.
What Kind of Cases Does the Intermediate Track Apply To?
The Intermediate Track is suitable for cases that involve moderate complexity and fall within the £25,000 to £100,000 claim range. These types of cases can involve any area of civil law, including commercial disputes, professional negligence and property disputes.
What Are the Complexity Bands for the Intermediate Track?
The Intermediate Track divides cases into four complexity bands to match the level of judicial resources and time required for each type of case:
- Complexity Band 1: Where there are straightforward issues with minimal evidence requirements and a trial duration of up to one day. Examples include basic contractual disputes and simple debt claims.
- Complexity Band 2: Moderately complex issues which require some legal argument and evidence, with a trial duration of one to two days. Examples include detailed commercial disputes and simple property claims.
- Complexity Band 3: Complex issues with multiple legal or factual points, requiring detailed evidence and possibly expert testimony, with a trial duration of up to three days. Examples include intricate commercial disputes and some professional negligence claims.
- Complexity Band 4: Highly complex issues that do not require the full resources of the Multi-track, with a trial duration of up to three days. Examples include detailed professional negligence cases and high-value commercial disputes.
Fixed Recoverable Costs Explained
Fixed recoverable costs (“FRC”) in the Intermediate Track are set amounts that the winning party can claim to cover legal expenses. By capping the amount that can be recovered, these costs aim to make litigation more predictable and accessible.
Each stage of the legal process, such as disclosure, witness statements, and trial preparation, is associated with a specific amount of FRC. The total FRCs for a case accumulate as it progresses through these stages.
The exact FRC figures vary depending on the complexity band assigned to the case, with Complexity Band 4 cases attracting the highest FRC and Complexity Band 1 the lowest. This tiered approach ensures that legal costs are proportionate to the complexity and demands of the case.
Importantly costs are recoverable in claims allocated to the Intermediate Track.
Frequently Asked Questions
What Are the Exclusions for the Intermediate Track?
The Intermediate Track excludes cases with a value of below £25,000 or above £100,000. It also excludes cases requiring a trial longer than three days, as well as cases involving personal injury, clinical negligence, shareholder litigation such as unfair prejudice, or allegations of fraud. These exclusions ensure the Intermediate Track remains focused on moderately complex cases.
Why Was the Intermediate Track Introduced?
The Intermediate Track was introduced to handle cases that are too complex for the Fast Track but not suitable for the Multi-track. Its purpose is to streamline case management and reduce costs for claims between £25,000 and £100,000, providing a more efficient and predictable process for moderately complex cases.
Need Advice? Contact Helix Law.
Navigating the Intermediate Track can be challenging due to its specific rules and exclusions. These are by their nature more complex disputes of higher value. As specialist litigation solicitors we’re well placed to assist in these disputes- we act in Fast Track, Intermediate and Multi-Track litigation in courts across the country. Whether your dispute is worth £10,000 or £10m, we have an experienced team that is able and well placed to assist you. We act in court’s nationally and beyond.
For personalised legal advice and support from specialist litigation solicitors don’t hesitate to contact Helix Law. We’d love to help resolve your dispute.
