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Allocating a claim to a court track

If you make a claim for more than £5,000 that the other side defends, a judge will decide how the case will be handled.

Most claims will be allocated to one of two ‘tracks’ in a county court.

Fast track hearings

Court claims between £5,000 and £25,000 usually go to a ‘fast track’ hearing, which will normally take no longer than one day.

Multi-track hearings

Very complex claims usually go on the ‘multi-track’ where hearings can often last several days.

You will have to pay a £220 court fee to get your claim allocated to one of these tracks.

• Find a legal adviser Opens new window

• The fast track and the multi-track Opens new window

Deciding how the case will be handled

Going to court

Watch a video on what happens at a court hearing

• Video: court hearings for claims above £5,000

The court will send both sides a form called an ‘allocation questionnaire’. The questionnaire asks you questions about how you want the case to be dealt with.

The judge decides on the track based on the information in the allocation questionnaire. You and the defendant are expected to discuss and, where possible, agree:

• if you can resolve the dispute without going to a hearing
• which track is most suitable, if you want to go ahead with the case
• how long you think the hearing will last
• how long you need to prepare your case
• if you want to use expert evidence (and if you can use the same expert)

• Allocation questionnaire Opens new window

Agreeing out of court

It may be quicker and cheaper to try to settle before the case goes to a hearing.

The allocation questionnaire will ask you if you want to try to settle the claim by ‘informal discussion or alternative dispute resolution’. Tick ‘yes’ if you would like to try to solve the dispute out of court.

The court will usually delay the court hearing for about a month to give you a chance to settle the claim. You may also be able to use a form of alternative dispute resolution, such as mediation. Mediation is when an impartial person helps you and the other side work out a solution to your dispute.

If the case cannot be resolved in this way it will go to a hearing.

• Mediation in debt disputes

• Video: what happens at mediation?

Getting ready for the hearing

Giving details of documents being used in the case

The two sides need to tell each other about any relevant documents before the hearing. This is called ‘disclosure’. Both sides can ask to inspect documents on the disclosure list.

You should list documents that:

• support your case
• undermine your case
• support the other side

You must submit a ‘disclosure form’ to the court listing documents you:

• no longer have
• have and will let the other party see
• have but don’t want the defendant to see (explain why - you must have a good reason)

If you don’t allow the other party to see a document you might not be allowed to use it to support your case.

Filling out a checklist before the hearing

Both parties need to complete a ‘pre-trial checklist’, a form asking for details of how you want to go ahead with the court hearing.

You must return the checklist by the deadline with court fees:

• the fee for the pre-trial checklist is £110
• the hearing fee is £545 for a fast track claim or £1,090 for a multi-track claim

• Download listing questionnaire (pre-trial checklist) Opens new window

Checking the date and timetable for the hearing

A judge will look at the information in the allocation questionnaires and decide on how the case will be handled. The judge will:

• check the paperwork
• decide on a date and timetable for the hearing
• decide on details such as permission for experts to give evidence

You will receive a letter with this information.

Check the details, as the hearing may be at a different court from the one you have been dealing with.

If you have a disability and think will mean you’ll need extra help in court, you should contact the court’s customer service officer.

• Find a court Opens new window

• Video: when you arrive for your county court hearing Opens new window

Giving evidence at the hearing

During the hearing, the judge will normally want to hear from the person making the claim, the ‘claimant’, first, and then the defendant.

You and any witnesses will normally be asked to swear you’re telling the truth when you give your evidence.

You must exchange witness statements before the hearing if you want to call witnesses during the hearing. Witnesses can only give the evidence in the statement unless the judge allows other evidence to be given.

When giving evidence you may refer to notes if the judge has given you permission.

You (or your solicitor) can speak and ask the other person, and any witnesses, questions. The judge may also ask some questions.

If you’re representing yourself, ask questions one at a time and never interrupt the judge or a witness.

• Video: court hearings for claims above £5,000

The judge’s decision

The judge will decide the outcome at the end of the hearing and you will get a letter telling you the outcome.

If you feel you have good reasons you can appeal against the judgment. You need the judge’s permission and you must apply within 21 days of the judgment being made.

If you are thinking of appealing you should get some legal advice.

• Find a legal adviser Opens new window

Enforcing the judgment

If you win a case, you may still have to go back to court to get the judgment enforced.

• How county court judgments are enforced