12.2 Allocation Questionnaire
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Once a defence has been filed, the Court will use its powers of case management by sending out an allocation questionnaire - Form N150 - to each party.
If it is clear that the case is destined for the Small Claims Track, Form N149 will be used instead.
The parties have 14 days to return the allocation questionnaire and the Claimant must also pay the allocation fee.
The courts will allocate the case to one of three tracks, based on the information contained in the allocation questionnaires.
Under CPR 26.5(4), the Court may hold an allocation hearing if it is not clear which track a case should be allocated to.
(1)(a)The small claims track is the normal track for any claim for personal injuries where:
- (i) the financial value of the claim is not more than £5,000; and
- (ii) the financial value of any claim for damages for personal injuries is not more than £1,000;
(b) any claim which includes a claim by a tenant of residential premises against his landlord where:
- (i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);
- (ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
- (iii) the financial value of any other claim for damages is not more than £1,000.
(2) For the purposes of paragraph (1) ‘damages for personal injuries’ means damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.
(3) Subject to paragraph (1), the small claims track is the normal track for any claim which has a financial value of not more than £5,000 (Rule 26.7(4) provides that the Court will not allocate to the small claims track certain claims in respect of harassment or unlawful eviction)
(4) Subject to paragraph (5), the fast track is the normal track for any claim:
- (a) for which the small claims track is not the normal track; and
- (b) which has a financial value of not more than £15,000.
(5) The fast track is the normal track for the claims referred to in paragraph (4) only if the Court considers that:
- (a) the trial is likely to last for no longer than one day; and
- (b) oral expert evidence at trial will be limited to:
- (i) one expert per party in relation to any expert field; and
- (ii) expert evidence in two expert fields.
(6) The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.