Rule 26.13 Matters relevant to allocation to a trackF1
When deciding the track for a claim, the matters to which the court shall have regard include—
the financial value, if any, of the claim;
the nature of the remedy sought;
the likely complexity of the facts, law or evidence;
the number of parties or likely parties;
the value of any counterclaim or additional claim and the complexity of any matters relating to it;
the amount of oral evidence which may be required;
the importance of the claim to persons who are not parties to the proceedings;
the views expressed by the parties; and
the circumstances of the parties.
It is for the court to assess the financial value of a claim and in doing so it shall disregard—
any amount not in dispute;
any claim for interest;
costs;
any contributory negligence; and
where the claim is, or includes a claim for non-monetary relief, any amount prescribed by rule 45.45(1)(a)(ii) and rule 45.50(2)(b)(ii).
Where—
two or more claimants have started a claim against the same defendant using the same claim form; and
each claimant has a claim against the defendant separate from the other claimants,
the court shall consider the claim of each claimant separately when it assesses financial value under paragraph (1).
Annotations
Textual amendments
- F1
Pt. 26 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 1 (with rule 2)