Fast track claims are those with a value between £10,000 and £25,000.  The majority of our ongoing cases are those allocated to this track and the multi track which we deal with below. Fast-track and Multi-track cases have formal hearings and the strict rules of evidence apply.

In all of the tracks the Court actively uses its case management powers to ensure that costs are kept to a minimum and that a strict timetable of directions is adhered to by the parties.  The processes to be followed leading to a trial include,  disclosing evidence, preparing witness statements and, if necessary, commissioning an independent experts report, usually from an agreed single joint expert. Any party who does not comply with the timetable will be penalised by the Court, and this known as sanctions.  There can be applications made for relief from sanctions, however, these are difficult to succeed with once you have breached an order.  It is better to seek legal advice if you become out of your depth with the legal process, because missing a deadline can cause you to lose the case altogether and have to face paying the other parties costs too

In general, the aim in fast track cases is to resolve all the issues at a trial lasting no more than one day. To be able to recover costs after a trial finishes it is important that there should be a schedule setting out what they are to assist the Judge in making an order for costs. 

In fast track cases the costs payable for legal representation at the trial are fixed and are dependent on the value of the claim. Therefore, it is unlikely that the winner would recover its full costs from its opponent. It should be noted that the winner remains liable for the remainder of its legal representatives’ fees despite an order for costs having been made against the loser.

From 1 October 2023 a new track has been implemented within the Civil Courts for cases valued between £25,000 to £100,000.  For all claims falling within this track there are fixed recoverable costs applied.  The Court will have discretion to allocate any case to this track where it promotes access to justice, and falls within the complexity bands 1 – 4

Complexity Band 1

Any claim where:
(a)  Only one issue is in dispute; and
(b)  The trial is not expected to last longer than one day;

Including:
(i)  Personal Injury claims where liability or quantum (value) is in dispute;
(ii)  Non-Personal Injury road traffic claims; and
(iii) Defended debt claims.

Complexity Band 2

Any less complex claim where more than one issue is in dispute, including Personal Injury accident claims where liability and quantum (value) are in dispute

Complexity Band 3

Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2;

Including Noise Induced Hearing Loss and other Employer Liability disease claims.

Complexity Band 4 

Any claim which would normally be allocated to the intermediate track, but which is unsuitable for assignment to complexity bands 1 to 3, including any Personal Injury claim where there are serious issues of fact or law.

Although, the track does not apply to all cases, only those where it is a claim for a debt, damages or other monetary relief, but no higher than £100,000.  The track does deal with cases where they are not suitable for the small claims or fast track.  In terms of other criteria it applies to cases where they would not require a trial of more than 3 days and there can be no more than  two expert witnesses.  There is also a limit of three parties involved i.e. one Claimant, two defendants.  The track does not apply to the following types of cases:-

• mesothelioma or asbestos lung disease claim, or clinical negligence;

• in cases such as harm, abuse, or neglect of children or vulnerable adults;

• claims against the police for an intentional or re3ckless tort;

• relief or remedy in relation to a remedy for breach of Human Rights ;

• road traffic accidents arising from negligent police driving;

• employer liability claims;

• any other claim for an accidental fall on police premises

​​

Claims for personal injury will fall within the new fixed recoverable costs rules under the Intermediate Track where the cause of action accrued after 1 October 2023 i.e. if a tripping accident it happens after 1 October 2023.  

Claims with a value exceeding £25,000 will ordinarily be allocated to the multi track.  However, see the Intermediate Track above implemented on 1 October 2023. 

Multi-Track cases can vary in complexity, and the Court is rather strict on drawing up a timetable of case management directions to keep the cases on track, so to speak.  More complicated cases may need a number of pre-trial hearings or Case Management Conferences to narrow the issues and to ensure that all the information necessary is gathered prior to trial.

Multi track cases are now also subject to costs management by the Court.

​At the conclusion of a multi track trial the Judge will decide which party should pay costs but is unlikely to determine the exact amount payable. If the parties cannot agree on the amount of costs payable, a different Judge will hold a separate hearing at a later date via a process called detailed assessment where the party in whose favour costs were awarded will submit a detailed breakdown of its costs and its opponent will be given the opportunity to challenge its expenditure. Where a costs management order has been made the Court is unlikely to depart from a party’s agreed cost budget unless there is good reason to do so.

The general rule in relation to costs in Fast and Multi Track cases is that the loser will be ordered to pay the winner’s costs. 

There are fixed costs within the Fast Track for personal injury and professional negligence cases.   Generally, in fast and multi-track cases, as with the new Intermediate track, the loser will not only have to meet its own costs but also those of its opponent.   

In multi track cases the winner will not recover all of its costs as the loser will invariably challenge the amount of the winner’s costs in detailed assessment.   

In these circumstances the winner may expect to recover between 65% and 90% of its total costs and again they will remain liable for the balance of its legal representatives’ fees.

​The various tables of fixed recoverable costs which we can explain to you can be found on the gov.uk website here.

When commencing a claim if you are unable to or struggle to pay the fee at the time you lodge the claim,, the Court will not process this.  Unless you are exempt, Court fees cannot be avoided. You can find details of Court fees here.

You can find out if you are exempt from paying Court fees by obtaining Leaflet EX50 from the Courts’ website here or visiting your local County Court. ​

The fees that are payable to the County & High Court will be payable at various stages from the point of issuing a claim form, for a trial fee and if you have to make any applications during the proceedings.