Track allocation

[heisenberg]

Hi all,

I am considering bringing a county court claim, but I am very concerned that the claim won't be allocated to the small claims track.

I have narrowed the Particulars of Claim down to 7 pages, and some of that includes arguments in regards to the other side's unreasonable conduct (the other side just ignored my letter before action etc.)

It is a claim to be brought under the Equality Act 2010.

I suffer from debilitating health problems, and, as a litigant in person, I simply won't be able to manage if the claim is allocated to the fast track or multi-track, or be willing to take the risk of getting an adverse cost order, which could be near to £100K I imagine.

Anyone know of the what would likely be considered complex for the purposes of CPR 26.8(c) etc.? Is there any case law on this?

I have noted that some cases with arguably straightforward facts have ended up on the multi-track, such Paulley v FirstGroup PLC, so that is concerning.

Unfortunately, this is the deciding issue for me in terms of whether or not to proceed with the claim, and whether or not to let the other side get away with murder.

I really wish access to justice would be improved for people like me.

Any input would be immensely appreciated.

[atticus]

Is your case going to require expert evidence?

Is it going to be one in which one court day will be sufficient for the full presentation of your case including all witnesses and legal argument, the full presentation of the defence case including all witnesses and legal argument, and the preparation and delivery of a reasoned judgement?

[heisenberg]

Is your case going to require expert evidence?

Is it going to be one in which one court day will be sufficient for the full presentation of your case including all witnesses and legal argument, the full presentation of the defence case including all witnesses and legal argument, and the preparation and delivery of a reasoned judgement?

I think if there would be any expert needed, it would be in relation to psychiatric injury (personal injury), which I understand is something that is dealt with at a remedy hearing?

I don't have any witnesses, but the other side may have a few, but I'm not sure.

I imagine I will have a skeleton argument, but that's about it, apart from any oral submissions and my witness statement.

Not sure how lengthy the defence etc. would be, but I worry the other side may want the tactical advantage of getting the case allocated to the fast track or multi-track.

I thought small claims substantive hearings only lasted around 3 or 4 hours? That doesn't seem like much time, especially if the judge has to use that time to read all the papers and deliver a reasoned judgment.

Given my poor health etc., I actually requested a paper hearing in my particulars, but I can only speculate as to how a judge may approach that issue. I really don't know how a judge could expect someone in my position to deal with the complexities and demands of the fast track or multi-track.

[atticus]

If there is to be a remedy hearing, that would point away from Small Claims Track.

I have the impression that you have yet to put a value on your claim.

Can I take it that you have read CPR 26.6?




Is this connected to your claim against a barrister? If so, might a complaint to the Bar Council or Bar Standards Board be a better first step?

[heisenberg]

If there is to be a remedy hearing, that would point away from Small Claims Track.

I have the impression that you have yet to put a value on your claim.

Can I take it that you have read CPR 26.6?

I have put the value at £10,000.

This raises an interesting point. CPR 26.6 (ii) (cc) states that the claim for personal injury cannot exceed £1,500, but I'm not sure things can be separated like that when claiming personal injury by way of the Equality Act 2010, specifically section 119. I was pleading personal injury, not least because I have suffered psychiatric injury, but also in the hope that I would benefit from QOCS protection:

https://www.farrarsbuilding.co.uk/hu...ngs-pi-claims/

Is the issue of damages or quantum usually dealt with at the substantive hearing (the 3 to 4 hour slot) when claims are assigned to the small claims track?

[heisenberg]

Is this connected to your claim against a barrister? If so, might a complaint to the Bar Council or Bar Standards Board be a better first step?

This claim is separate to the claim against the barrister. Yes, I have already submitted concerns to the Bar Standards Board and the Information Commissioner's Office.