Normal track for a £72,000 contract claim with a two-day trial (CPR 26.9)
In March 2026 Calder Analytics Ltd issued a claim against one defendant, Brightline Software Ltd, for £72,000 damages for breach of a software development contract. No other remedy is sought. A defence has been filed. Both parties' directions questionnaires estimate that, if the case is managed proportionately, the trial will last two days. Each party wishes to rely on oral evidence from one IT expert. There are no other unusual features in the case.
To which track is this claim normally allocated?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: The intermediate track.
THE RULE TO REMEMBER
The intermediate track is the normal track for claims over £25,000 and up to £100,000 with a trial of no more than three days, up to two experts per party, and limited parties (CPR 26.9(7)).
Normal track for a £72,000 contract claim with a two-day trial (CPR 26.9)
Under CPR 26.9 the small claims track is the normal track for claims worth not more than £10,000, and the fast track is the normal track for monetary claims worth not more than £25,000 where the trial is likely to last no longer than one day and oral expert evidence is limited (CPR 26.9(5) and (6)). Calder's claim is worth £72,000, so neither applies. By CPR 26.9(7), the intermediate track is the normal track where the claim is suitable for neither of those tracks, the monetary claim is not more than £100,000, the court considers that a proportionately managed trial will not last longer than three days, oral expert evidence is likely to be limited to two experts per party, the claim can be justly and proportionately managed under Section IV of Part 28, and it is brought by one claimant against one or two defendants. All those conditions are met: two-day trial, one expert each, and one claimant against one defendant.
Why A is wrong: The small claims track is normally for claims of not more than £10,000; this claim is for £72,000.
Why C is wrong: The fast track is limited to claims of not more than £25,000 with a trial of no more than one day.
Why D is wrong: Since October 2023 claims between £25,000 and £100,000 that meet the criteria go to the intermediate track, not the multi-track.
Why E is wrong: Expert evidence does not require the multi-track; the intermediate track allows oral evidence from up to two experts per party.
A little more practice done.
Related questions
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