On 1 October 2023, the CPR introduced a new track, the intermediate track, and extended fixed

recoverable costs across the Fast track and the new Intermediate track for simpler cases valued up
to £100,000.

Intermediate track

There are four separate tracks. The scope of the tracks is now set out in CPR 26.9 and the small
claims track, fast track and multi-track remain the same (save for cases which would have been
previously allocated to the multi-track i.e., over £25,000 up to £100,000). The Intermediate track fits
between the fast track and the multi-track:

Track Scope (summarised)

Small claims track (CPR 27)
This is still the normal track for cases with a
value of not more than £10,000 (and also
claims by a tenant of residential premises
against a landlord for repairs where neither the
repairs nor any claim for damages total more
than £1,000. There are special rules for
personal injury claims – which remain
unchanged).

Fast track (CPR 28) The fast track is still the normal track for claims
(other than those for which the small claims
track is the normal track) up to £25,000,
provided that:
(a) the trial is likely to last no longer than
one day (five hours); and
(b) there will only be oral expert evidence
from one expert per party in each of no
more than two expert fields (CPR
26.9(6)).

Intermediate track (CPR 28)
The intermediate track is the normal track for
claims (where the case is suitable for neither
the small claims nor fast track) up to £100,000,
provided that:
(a) the trial is likely to last no longer than
3 days if managed proportionately;
and
(b) oral expert evidence is likely to be
limited to two experts per party (CPR
26.9 (7))

Multi-track (CPR 29) The multi-track is still the normal track for all
other types of case (CPR 26.9(10))

In addition to the outline above, the other relevant criteria that will determine the intermediate
track are:
  There are no additional factors which make the claim inappropriate for the intermediate
track.
 The claim is:
o brought by a single claimant against either one of two defendants, or
o brought by two claimants against a single defendant (maximum of 3 parties)

There is no need for costs budgeting on the intermediate track (and so no need for a case and costs
management conference (CCMC)) given the new fixed recoverable costs regime.

However, a case management conference (CMC) may still be required to provide case management
directions. The court shall fix a CMC (and may fix a pre-trial review) (CPR 28.12). The parties ‘must
endeavour’ to agree appropriate directions and submit them to the court 7 days in advance of the
CMC. If the court approves the directions, or issues its own directions, the CMC will be vacated.

The standard period between the giving of directions and the trial will not be more than 30 weeks.
(28 PD 3.11).

The total length of permitted witness statements and summaries is limited to 30 pages and experts
reports to 20 pages (excluding necessary photographs, plans and academic/technical articles which
are attached to the report) (CPR 28.14(3).

Fixed costs

In the fast track, there are four complexity bands (1 to 4 in ascending order of complexity) with
associated grids of costs for the stages of a claim (Table 12 in PD 45) that determine the amount of
costs that can be claimed from the other party in the event that a costs order is made. The amount
of costs will depend on the complexity band and the stage at which the case concludes.

In the intermediate track, there are also four complexity bands (1 to 4 in ascending order of
complexity) with associated grids of the costs for the stages of the claim (Table 14 in PD 45). The
stages of the claim are more extensive than for the fast track.

The parties are required to state on the directions questionnaire, either the agreed complexity band,
or where there is a dispute, the complexity band considered appropriate by each party.

Judges retain the discretion to allocate more complex cases valued at under £100,000 to the multi-
track so that complex cases will not be inappropriately captured by the extended fixed recoverable
costs regime.

Elements / workshops

The principal elements that have changed to reflect the above are:

 Costs
o Costs procedure [CIV4st]
 Case Management
o Introductory presentation: case management
o Overview of small claims track and fast track (renamed to overview of small claims
track, fast track and intermediate track
o Allocation to track
o Consolidation presentation: case and costs management
  Disclosure and Inspection
o Sources and types of disclosure obligation [CIV12uv]

The workshop(s) that has changed to reflect the above is:

 Workshop 5 (Task 1 flowcharts, slides and Task 1 flowcharts supplemental guidance)

 Revision workshop (slides relating to MCQ 9)