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Published 21 abril 2023
The table below, based on Table 2 in Part 26, sets out the complexity band to which intermediate track claims will normally be assigned. Note that the parties are encouraged to agree the complexity band and must state the agreed or claimed for band in their directions questionnaire, although the court can still assign to a different band if appropriate. Apart from the simpler types of case within band 1, it is expected that most cases in the intermediate track will be assigned to band 2 or band 3. It is worth noting that the costs figures for bands 2 and 3 are relatively close together.
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) PI claims where liability or quantum is in dispute;(ii) Non-PI road traffic claims; and(iii) Defended debt claims.
Any less complex claim where more than one issue is in dispute, including PI accident claims where liability and quantum are in dispute
Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2;
Including NIHL and other EL disease claims.
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 PI claim where there are serious issues of fact or law.
By Andrew Parker, Will Potts, Michael McCabe
