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Has an undefended claim been allocated to a track?

Has an undefended claim been allocated to a track?

Postby TimothyP » Fri Dec 02, 2016 1:09 pm

According to Michael on Twitter, a relatively high value case in the Royal Courts of Justice will be allocated to the multi-track whether or not judgment is entered.

Is there a reported case that was not defended but that the court nevertheless allocated to a track?
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Re: Has an undefended claim been allocated to a track?

Postby atticus » Fri Dec 02, 2016 2:43 pm

Has Michael given you any authority for his proposition?

CPR 26 seems to state a different position, see 26.5.

Is Michael misreading PD 26 para 10.1?
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Re: Has an undefended claim been allocated to a track?

Postby TimothyP » Fri Dec 02, 2016 3:26 pm

Thanks Atticus

With your help, I found what I wanted: CPR14.8(1)(b) says that "Where the court enters judgment under rule 14.6 or 14.7 for an amount to be decided by the court it will ... (b) if it considers it appropriate, allocate the case" [my emphasis].
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