I wish I had saved the link because it was a fantastic image from someone who was studying to enter the legal sector (or at least I think I remember). This image contained a map of all the Courts and Tribunals of England and Wales. It was really impressive. What caught my eye was that the County Court was listed as having the “Small Claims Track”, the “Fast Track” and the “Intermediate Track”.
I looked for the reference to the “Multi-Track” and found it attached to the High Court. I thought to myself, ‘Is this wrong? Has the illustrator made a mistake?”. It then clicked. The recently created Intermediate Track generally covered the value of claims between £25,000-£100,000. Claims that generally exceed £100,000 would be issued in the High Court.
Does this mean the end of County Court Multi-Track matters?
The Intermediate Track
On 1st October 2023, the Civil Procedure Rules were updated to introduce a new track designed to serve as a middle ground between the Fast Track and Multi-Track systems. This change aimed to incorporate cases that previously fell into the lower spectrum of the Multi-Track and to apply a fixed cost regime to them.
The new fixed costs regime for the Fast Track incorporates complexity bands, indicating that there isn’t a single fixed cost applicable to all cases. Instead, during case management, the appropriate complexity band is determined, particularly when disputed.
The complexity bands for the interimediate track are below:-
| Complexity band 1 | Complexity band 2 | Complexity band 3 | Complexity band 4 |
|---|---|---|---|
| Any claim where—(a) only one issue is in dispute; and | Any less complex claim where more than one issue is in dispute, including personal injury accident claims where liability and quantum are in dispute. | Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2, including noise induced hearing loss and other employer’s liability disease claims. | Any claim which would normally be allocated to the intermediate track, but which is unsuitable for assignment to complexity bands 1 to 3, including any personal injury claim where there are serious issues of fact or law. |
| (b) the trial is not expected to last longer than one day, including— | |||
| (i) personal injury claims where liability or quantum is in dispute; | |||
| (ii) road traffic accident related, non-personal injury claims; and | |||
| (iii) defended debt claims |
Of course, each complexity band has a specific staged fixed fee:-
| Complexity Band | 1 | 2 | 3 | 4 |
| S1From pre-issue up to and including the date of service of the defence | £1,652 + an amount equivalent to 3% of the damages | £5,162 + an amount equivalent to 6% of the damages | £6,607 + an amount equivalent to 6% of the damages | £9,601 + an amount equivalent to 8% of the damages |
| S2Specialist legal representative providing post-issue advice in writing or in conference or drafting a statement of case | £2,065 | £2,065 | (a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim | (a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim |
| S3From the date of service of the defence up to the earlier of the date set for CMC or the order giving directions under 28.2 | £4,129 + an amount equivalent to 10% of the damages | £7,949 + an amount equivalent to 12% of the damages | £9,394 + an amount equivalent to 12% of the damages | £13,420 + an amount equivalent to 14% of the damages |
| S4 From the end of Stage 3 up to and including the date set by the court for inspection of documents | £4,749 + an amount equivalent to 12% of the damages | £9,704 + an amount equivalent to 14% of the damages | £11,356 + an amount equivalent to 14% of the damages | £16,517 + an amount equivalent to 16% of the damages |
| S5From the end of Stage 4 up to and including the later of the dates set by the court for service of witness statements or expert reports | £5,368 + an amount equivalent to 12% of the damages | £11,356 + an amount equivalent to 16% of the damages | £12,388 + an amount equivalent to 16% of the damages | £20,647 + an amount equivalent to 18% of the damages |
| S6From the end of Stage 5 up to and including the date set for the pre-trial review or up to 14 days before the trial date, whichever is earlier | £6,091 + an amount equivalent to 15% of the damages | £15,485 + an amount equivalent to 16% of the damages | £16,517 + an amount equivalent to 16% of the damages | £24,776 + an amount equivalent to 18% of the damages |
| S7Specialist legal representative advising in writing or in conference following the filing of a defence | £1,445 | £1,755 | £2,374 | £2,994 |
| S8From the end of Stage 6 up to the date of the trial | £6,813 + an amount equivalent to 15% of the damages, less £599 if that party did not prepare the trial bundle | £17,550 + an amount equivalent to 20% of the damages, less £898 if that party did not prepare the trial bundle | £19,614 + an amount equivalent to 20% of the damages, less £1,239 if that party did not prepare the trial bundle | £29,938 + an amount equivalent to 22% of the damages, less £1,445 if that party did not prepare the trial bundle |
| S9Attendance of a legal representative (other than the trial advocate) at trial per day, less an amount equivalent to 50% per day where, on any day, the trial lasts no more than half a day | £599 | £898 | £1,239 | £1,445 |
| S10Advocacy fee: day 1 | £3,303 | £3,613 | £4,129 | £5,988 |
| S11Advocacy fees for subsequent days, less an amount equivalent to 50% per day where, on any subsequent day, the trial lasts no more than half a day | £1,445 | £1,755 | £2,065 | £2,994 |
| S12Handing down of a reserved judgment and consequential matters, where dealt with separately from the trial | £599 | £599 | £599 | £599 |
| S13Alternative Dispute Resolution: additional fee payable once only where a mediation or joint settlement meeting takes place | £1,239 | £1,239 | £1,239 | £1,239 |
| S14Alternative Dispute Resolution: additional fee payable once only for specialist legal representative attendance at a mediation or joint settlement meeting covered by S13 | £1,445 | £1,755 | £2,065 | £2,374 |
| S15Approval of settlement for child, unless the settlement is approved at trial | £1,239 | £1,445 | £1,755 | £2,065 |
| S16 Advocacy fee—(a) where the claim is listed for trial, but is removed from the list or settled—(i) on the day of trial; ornot more than 1 day before the date listed for trial; | 100% of the applicable advocacy fee in S10 | |||
| (b) where the claim is listed for trial, but is removed from the list or settled more than 1 day, but not more than 5 days, before the date listed for trial | 75% of the applicable advocacy fee in S10 |
High Court Threshold
In terms of value, a civil claim should only be issued in the High Court if it exceeds £50,000 for Personal Injury and £100,000 for everything else. Alternatively, if the matter is complex, it can be issued in the High Court, even if the value would not justify it.
There are some circumstances where a claim will be issued in the High Court regardless. For example, claim for libel would be issued in the High Court save for where the parties agree.
Will there be any Multi Track allocation in the County Court follwoing 1st October 2023?
I do not expect there to be a complete loss of Multi-Track cases in the County Court. Firstly, there will be many personal injury cases that are not subject to the Intermediate Track because only cases where the cause of action post dates 1st October 2023. Therefore any cases that are above £25,000 could be allocated to the Multi-Track.
However, as above, value is not the absolute determining factor for allocation. I refer to CPR 26.13:-
26.13.—(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 additional 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 shall disregard—
(a)any amount not in dispute;
(b)any claim for interest;
(c)costs;
(d)any contributory negligence; and
(e)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).
There are a range of different cases that are allocated on factors that have nothing to do with value. For example, there are plenty of credit hire cases where the value would place them in the Fast Track being allocated to the Small Claims Track. There are also cases which would be valued at Multi-Track being allocated to the Fast Track.
So, no. There is no reason that Multi-Track will not continue in the County Court, regardless of the introduction of the Intermediate Track. However, it is the case that there will be fewer cases as a result of the Intermediate Track. Therefore, it was wrong for the illustrator to suggest that Multi-Track would only exist in the High Court
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.