Track allocation: the court decides how your case will be managed
Once a defence is filed, the court decides which procedural track will govern your case. This determines the speed, cost and rules from now until trial.
Can I request a particular track when I file my claim?
You can propose a track in the claim form or directions questionnaire, but the court decides. If you think your case should be allocated to the multi-track because it involves complex law or many witnesses, explain that clearly when you file. However, the court has the final say based on the factors in CPR 26 — amount claimed, complexity, expert evidence, and so on.
What if I disagree with the court's allocation decision?
You can apply to the court to reconsider the allocation, usually on the grounds that circumstances have changed (new evidence, narrowing of issues) or that the court made an error. File a written application explaining why you believe the current allocation is unsuitable. The court may order a hearing to reconsider, or decide on the papers.
Can a case be moved from one track to another?
Yes. If a case is allocated to the small claims track but the defendant makes an application or files evidence that adds complexity (for example, a detailed expert report on engineering), either party can apply for the case to be transferred to the fast track. Similarly, fast track cases can be moved to the multi-track if they become too complex. The court will consider whether the issues have genuinely changed.
What happens if the value of my claim grows after allocation?
If you discover new loss after allocation, you may be able to amend your claim to increase the amount. The court will then reconsider the track. For example, if you claimed £9,000 for repair costs (small claims) but later discover structural damage worth £15,000, you can apply to amend to £15,000 and ask for reallocation to the fast track. The other side must not be unfairly prejudiced.
Are there any exceptions to the track limits?
Yes. Housing disputes involving eviction or breach of tenancy (for example, rent arrears or disrepair) can be allocated to the small claims track even if the amount exceeds £10,000 — they follow specialist procedures. Similarly, specialist claims (intellectual property, shipping, construction) have their own tracks and rules. But for ordinary contract and negligence claims, the limits in CPR 26 are firm.
Do I have to attend an allocation hearing?
Usually not. The court makes allocation decisions on the papers — the claim, defence, and directions questionnaires you both file. However, if there is a dispute about allocation or if the court thinks a hearing would help, it may list an allocation or case management conference. You will be notified if a hearing is required.
What is the directions questionnaire and why does it matter?
The directions questionnaire (Form N180 in small claims) is a form you and the defendant complete after a defence is filed. It asks about the issues in dispute, witnesses, documents, and the amount of court time needed. Your answers help the court decide which track suits the case. If you overstate the time needed or list irrelevant issues, the court may think the case is more complex than it really is and allocate to a higher track.
What if the defendant does not file a defence — does the case still get allocated?
No. If the defendant does not file a defence on time, you can request default judgment — the court finds in your favour without allocation or trial. Allocation only happens once both sides have acknowledged the claim and filed their positions.
Track allocation: the court decides how your case will be managed
Reading time: 7 minutes
Allocation to track is the court's decision on which procedural route your civil claim will follow. The three tracks under the Civil Procedure Rules are:
(fast, cheap, limited costs recovery),
(moderate complexity, fixed timetable), and
(complex cases, individually managed). The allocation is made once a defence is filed and depends on the amount claimed, complexity, and issues at stake.
Civil Procedure Rules, Part 26
— Directions questionnaire
Make a court claim for money
| Track | Amount claimed | Complexity | Costs | Hearing |
|---|---|---|---|---|
| Small claims | Up to £10,000 | Straightforward contract or negligence | Very limited — mostly court fees only | Usually 20–30 mins |
| Fast track | £10,001–£100,000 | Moderate; a few witnesses, some expert evidence | Fixed costs if under £50,000 | Usually 1 day |
| Multi-track | Over £100,000, or complexity despite lower amount | High complexity, many witnesses, expert disputes | Full recoverable costs | Multiple days; bespoke timetable |
are designed for ordinary people to handle without a solicitor. You cannot recover solicitor costs even if you win. The procedure is simpler — less formal disclosure, no expert evidence without permission. The trade-off is that most small claims are heard quickly and informally.
claims are for more serious disputes but still manageable in a day. The court sets strict timetables (usually 30–40 weeks from allocation to trial). If you lose, you can recover fixed costs from the other side — a set amount depending on the amount in dispute, not your actual costs.
claims are for the complex and high-value. The judge individually manages the case, setting bespoke timetables and deciding what disclosure and expert evidence are needed. If you win, you can recover most of your actual legal costs.
How allocation works
After you issue a claim form, the defendant has 14 days (or 28 with acknowledgment of service) to file a defence. Once the defence is filed, the court sends both parties a
Directions Questionnaire
(Form N180 for small claims or Form N181 for fast track). You both complete this form, answering questions about the issues in dispute, the number of witnesses, whether expert evidence is needed, and an estimate of trial length.
The court then allocates your case to a track based on:
- — the most important factor. Under £10,000 usually = small claims; £10,001–£100,000 usually = fast track; over £100,000 usually = multi-track.
- Complexity of issues
- — straightforward breach of contract is simple; cases involving interpretation of unclear contract terms, professional negligence claims or mixed factual and legal disputes are complex.
- — small claims assume few witnesses (2–3); fast track assumes up to 10; multi-track handles many.
- — small claims rarely permit expert evidence; fast track allows one expert per side in each field; multi-track permits detailed expert disputes.
- Anticipated trial length
- — small claims hearings are usually under an hour; fast track trials are typically one day; multi-track trials may last weeks.
The small claims hearing
If your case is allocated to the small claims track, the court will schedule a final hearing (a trial). The hearing is usually informal, conducted by a judge (occasionally a magistrate in magistrates' courts). Both parties attend and present evidence — witnesses may give evidence in person or by statement. There is no jury.
You can represent yourself, or bring a friend (a McKenzie friend) for moral support and note-taking, but you cannot be represented by a solicitor or barrister (unless it is a specific exception, like a disability). The judge will guide you through the procedure and is more relaxed about technical rules than in higher courts.
After hearing both sides, the judge will make findings of fact and decide who wins. The judgment is final — you can only appeal in exceptional circumstances (if the judge made a legal error or acted unfairly).
Allocation decision — faulty goods
You claim £8,500 from an online retailer. The retailer sold you a laptop that overheated and failed within a week. You have one witness (yourself), no expert evidence is needed, and the only issue is whether the goods were fit for purpose. The court receives the directions questionnaire and allocates to the
- Amount is under £10,000
- No complexity — straightforward Sale of Goods Act claim
- No expert evidence needed
- Hearing will take 20 minutes
The case now follows small claims procedure. You will have limited disclosure, can represent yourself, and if you win, you recover only modest costs. The hearing will be informal.
If you had claimed £35,000 for lost business data due to the laptop failure, the court might allocate to
because the amount exceeds £10,000. You would have formal disclosure, a fixed trial date, and could recover fixed costs if you win — but also formal procedure and need for legal representation.
Why allocation matters
Allocation determines what rules apply, how long you have to prepare, and what it will cost if you lose. Small claims offers low risk (you can only lose modest costs) but also limits what you can recover if you win. Fast track and multi-track offer higher rewards (full cost recovery) but expose you to higher costs if you lose.
The court's allocation decision also signals how serious the judge thinks the case is. If your case is allocated to the multi-track despite being below £100,000, it is because the judge considers it genuinely complex and important. That affects how the case is then managed.
Importantly, the track you are allocated to governs most procedural steps going forward — how much you must disclose, whether experts are allowed, whether mediation is ordered, and how long you have to trial.
Know your track from the start
Start My Claim guides you through allocation, helping you understand which track your case follows and what to expect next.