The tracks at court: contentious probate

One of the difficulties with understanding court procedure is the technicalities involved and the baffling language used!

This article explains one such technicality and summarises it briefly.

The Tracks

The Civil Courts allocate cases to different “tracks” once proceedings have been issued. This is for case management purposes. There are three tracks: the small claims track, the fast track and the multi-track. The mechanics of these tracks is governed by the Civil Procedure Rules (“CPR”), Part 26.

To which track will a case be assigned?

It depends on what the value is and what type of case it is.

Broadly speaking, if the value is up to £10,000 then it goes to the small claims track, if it is between £10,000 and £25,000 then it is a fast track case and if it is above £25,000 then it is a multi-track case. But a number of complexities beyond the scope of this article can change the allocation.

To which track will a (contentious) probate claim be allocated?

They are allocated to the multitrack: as per CPR 57.2(4).

Why? What does this mean?

It means that probate claims are of higher value, more complex and take longer to complete than cases in the lower tracks. For those reasons, and some others, these cases are assigned to the multi-track.

What are some of the features of the multi-track?

The multi-track has the most flexibility of all the tracks but it is also the most demanding. The Court can manage the case using a range of options available. There are more unknowns and unpredictability. The costs of multi-track claims tend to be a lot higher than other tracks and they usually take much longer to complete.

Dealing with court proceedings

If you need assistance dealing with court proceedings, then please contact us on 0118 958 9711 and we would be happy to help.

To learn more about the small claims and fast tracks, please see below:

Fast Track Claims

Small Claims

Further Reading:

COVID-19 and delays with Probate

A Day In The Life Of A Private Client Solicitor During Lockdown

Best Estate Planning Solicitors In Reading

Get in Touch

If you would like further information, Nicholas Buckle offers an initial one hour fixed fee meeting at a cost of £95 (inc. VAT). During these meeting we can discuss your personal circumstances, options and possible next steps. Nick specialises on a broad range of contentious probate matters.

Due to the current circumstances, meetings can occur via telephone. We are hoping that meetings at our office in Reading can occur soon. Please call the office on 0118 9589711 or email [email protected] if you would like to book a meeting.

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