The issues to be covered by the directions are set out in the revised Part 28. If agreed directions are approved, the hearing will be vacated. The court will fix a case management conference and the parties must endeavour to agree appropriate directions and file them with the court before the hearing. It is designed mainly for damages/money claims, with a limit on 3 days of court time for trial and various categories of case automatically excluded. The procedure for the intermediate track is a hybrid of those for the fast track and the multi-track, with more active case management by the courts but with directions still likely to follow a standard pattern. In drafting the rule changes, it became obvious that the expansion idea would be too problematic and so the MoJ has agreed to create the new separate track. The Ministry of Justice had consulted on “an expanded fast track” instead, largely to avoid additional administration for the courts, but it was never clear how such an expansion would work in practice. This was Sir Rupert Jackson’s original recommendation when he published his 2 nd report in 2017. The new fixed costs rules will usher in a new intermediate track, for cases with a value of between £25,000 and £100,000.
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