PART 26CASE MANAGEMENT—PRELIMINARY STAGE

Matters relevant to allocation to a trackI126.8

1

When deciding the track for a claim, the matters to which the court shall have regard include—

a

the financial value, if any, of the claim;

b

the nature of the remedy sought;

c

the likely complexity of the facts, law or evidence;

d

the number of parties or likely parties;

e

the value of any counterclaim or other F1additional claim and the complexity of any matters relating to it;

f

the amount of oral evidence which may be required;

g

the importance of the claim to persons who are not parties to the proceedings;

h

the views expressed by the parties; and

i

the circumstances of the parties.

2

It is for the court to assess the financial value of a claim and in doing so it will disregard—

a

any amount not in dispute;

b

any claim for interest;

c

costs; and

d

any contributory negligence.

3

Where—

a

two or more claimants have started a claim against the same defendant using the same claim form; and

b

each claimant has a claim against the defendant separate from the other claimants,

the court will consider the claim of each claimant separately when it assesses financial value under paragraph (1).