26.8—(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).
Textual Amendments
F1Word in rule 26.8(1)(e) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 18(4)
Commencement Information