Worked example 1
Priya sues her former employer for £45,000 for breach of contract (unpaid commission). The employer denies liability and counterclaims for £8,000. Which court and track apply, and outline the key procedural stages? [10 marks]
Show solution outline
Issue: Appropriate court, track allocation, and civil procedure stages.
Court: The claim value of £45,000 falls within the County Court's general jurisdiction (for claims up to £100,000). It would not typically be heard in the High Court unless it involved a particularly complex point of law.
Track: As the financial value is over £25,000, the case will be allocated to the multi-track. This track is for higher-value and more complex cases, allowing for more detailed case management by a judge.
Procedure: (1) Pre-action protocol — Priya's solicitor sends a letter before claim setting out the case. (2) Claim form (N1) + Particulars of Claim are issued and served. (3) Defence + Counterclaim is filed by the employer within 14/28 days. (4) Directions questionnaire is completed by both parties, leading to allocation to the multi-track. (5) A Case Management Conference (CMC) is held where a judge sets a timetable for disclosure, witness statements, and expert evidence. (6) Disclosure of relevant documents and exchange of witness statements. (7) Trial before a Circuit Judge in the County Court.
Conclusion: The case proceeds in the County Court on the multi-track, following a judge-managed process designed for more substantial disputes. The parties would be encouraged to consider settlement throughout, for example via a Part 36 offer.