Will my personal injury be fast track or small claims

[Jonasmith89]

The value is £5000. It’s a personal injury relating to data protection breach. Most of this value go to small claims but I think it’s different with a personal injury. I’ve researched but can’t find a definite answer

[des8]

There is no definite answer as it is for a judge to decide to which track a claim is allocated.
Cases normally allocated to the small claims track are as in CPR 26.6, so it is most likely your claim will be allocated to fast track.

Could you please keep to one thread in future
Continually opening new threads about the same set of circumstances makes it difficult & confusing for other posters

[Jonasmith89]

I will try yeah. I am just stressed. CPR26.6 means what my friend?

[des8]

Civil procedure Rules 26 para 6 (https://www.justice.gov.uk/courts/pr...es/part26#26.6)

[Jonasmith89]

I really want small claims and then if struck out I won’t have many fees. My solicitor won’t allow me to go that route and if I decide that route it goes against his advice and therefore I owe him £24k

[atticus]

We have already spoken about after the event insurance.

[Jonasmith89]

I asked him again yesterday and he said we can’t go that route as already have QOCS.

He won’t listen to my requests

[atticus]

Have you asked if your solicors will themselves pay any costs that you are ordered to pay?

[Jonasmith89]

Yes. They said it’s all on me.

can I request them to pay? What rights would I have