Case management, tracks and sanctions — SQE1 DR question
A worked single-best-answer question on case management, tracks and sanctions, with why each wrong option is wrong — the way SQE1 traps candidates.
Ellis tripped on a loose floor tile at his workplace and injured his wrist. His claim against his employer, Delmont Ltd, has a total value of £8,000, of which £2,500 represents damages for pain, suffering and loss of amenity. The remainder is lost earnings. Liability is disputed, the trial is expected to last half a day and each party needs one medical expert. The claim did not arise from a road traffic accident.
To which track is the claim most likely to be allocated?
- AThe small claims track, because the total value of the claim does not exceed £10,000.
- BThe small claims track, because damages for pain, suffering and loss of amenity do not exceed £5,000.
- CThe fast track, because damages for pain, suffering and loss of amenity exceed £1,500.
- DThe intermediate track, because the claim is a contested personal injury claim requiring expert evidence.
- EThe multi-track, because personal injury claims against employers are always allocated there.
Show answer and reasoning
Rule: A non-RTA personal injury claim is suitable for the small claims track only if its total value is £10,000 or less and PSLA damages are £1,500 or less; otherwise a claim up to £25,000 normally goes to the fast track.
- A For personal injury claims both the overall £10,000 limit and the separate PSLA limit must be satisfied. (wrong rule)
- B The £5,000 PSLA limit applies to road traffic accident claims, which this is not. (right rule, wrong facts)
- D The intermediate track is for claims over £25,000 and up to £100,000. (wrong rule)
- E There is no rule allocating all employers' liability claims to the multi-track. (wrong rule)
Source: CPR 26.9(1), (5) and (6)