SQE1 · Dispute Resolution · FLK1

Case management & the tracks

After a defence is filed the court manages the case and allocates it to a track. SQE1 tests the allocation thresholds, the features of each track, and the court's approach to sanctions and relief.

What "Case management & the tracks" covers

  • The overriding objective in CPR 1.1 requires cases to be dealt with justly and at proportionate cost, and the court manages cases actively to that end.
  • The small claims track handles claims up to £10,000 (personal injury general damages up to £1,000, or £5,000 for RTA claims) with limited costs recovery.
  • The fast track covers claims over £10,000 up to £25,000 where trial should last no more than one day, with fixed recoverable costs.
  • The intermediate track, introduced in October 2023, covers less complex claims over £25,000 up to £100,000 with a trial of up to three days, no more than two expert witnesses per party giving oral evidence, and fixed recoverable costs by complexity band.
  • The multi-track handles claims over £100,000 or those that are complex, and typically involves costs budgeting using Precedent H.
  • Parties complete a directions questionnaire to assist allocation, and the court then gives directions to trial.
  • Where a party fails to comply with a rule or order, relief from sanctions is assessed under CPR 3.9 applying the three-stage Denton test.

Key cases & statutes

The authorities and provisions most likely to matter for this subtopic:

CPR 1.1 (overriding objective)CPR 26 (allocation)CPR 28 (fast track)CPR 29 (multi-track)CPR 45 (fixed recoverable costs)CPR 3.9 (relief from sanctions)Denton v TH White Ltd [2014] EWCA Civ 906Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537

How it's tested in SQE1

SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For case management & the tracks, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.

Where candidates lose marks

  • Using outdated track thresholds and forgetting the intermediate track for claims over £25,000 up to £100,000.
  • Misapplying Denton — the three stages are seriousness, reason for default, and all the circumstances including the need for compliance.
  • Assuming full costs recovery on the small claims track, where costs shifting is very limited.

Learn this subtopic in the course

A video lesson, notes and exam-style practice on case management & the tracks.

FAQ

Is case management & the tracks tested on SQE1?

Yes — case management & the tracks is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.

How is case management & the tracks examined in SQE1?

SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR 1.1 (overriding objective), CPR 26 (allocation)) helps.

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