The First Stage of Court Proceedings in a Multi-Track Personal Injury Claim

If your personal injury claim is valued at more than £50,000 or involves complex issues, it will usually proceed on the multi-track in the County Court or High Court.

Understanding the first stage of court proceedings can help you feel more confident as your case progresses. Below, we outline the key steps from issuing the claim to the Costs and Case Management Conference (CCMC).

1. Issuing and Serving the Claim Form

The process begins with the formal issue of a claim form at court. This document sets out the parties involved and the nature of the claim. Once issued, the claim form must be served on the defendant, usually within four months of issue. Service can be effected by post, personal delivery, or through the defendant’s solicitors.

Key Points:

• The claim form must be accompanied by a court fee.
• Service must comply with the Civil Procedure Rules (CPR).

2. Particulars of Claim

The particulars of claim is a detailed statement setting out the facts of the case, the allegations against the defendant, and the legal basis for the claim. This document may be served with the claim form or within 14 days thereafter.

Key Points:

• The particulars of claim must include sufficient detail for the defendant to understand the case against them.
• It should be accompanied by any key documents relied upon.

3. Schedule of Loss

A schedule of loss is a document detailing the financial losses and expenses suffered as a result of the injury. This includes both past and future losses, such as loss of earnings, medical expenses, and care costs.

Key Points:

• The schedule of loss should be as comprehensive as possible at this stage.
• It may be updated as the case progresses.

4. Expert Evidence

Expert evidence is often crucial in multi-track personal injury claims. Medical experts are instructed to prepare reports on the nature and extent of the injuries. In some cases, experts in other fields (e.g., accident reconstruction, care, or occupational therapy) may also be required.

Key Points:

• The court’s permission is required to rely on expert evidence.
• Parties are encouraged to use joint experts where possible to reduce costs and complexity, but in our experience, this is rare.

5. Service of the Defence

Once served with the claim form and particulars of claim, the defendant has 14 days to acknowledge service and a further 14 days to file a defence (28 days in total). The defence sets out the defendant’s response to the allegations and may admit or deny liability, or raise alternative arguments.

Key Points:

• The defence must address each allegation in the particulars of claim.
• Failure to file a defence may result in judgment being entered in default.

6. Directions Questionnaire and Case Management

After the defence is filed, the court will require both parties to complete a directions questionnaire. This document provides information about the case, including the issues in dispute, the likely length of trial, and the need for expert evidence.

7. Costs and Case Management Conference (CCMC)

The CCMC is a key hearing in multi-track cases. The court will set a timetable for the case, including deadlines for disclosure of documents, exchange of witness statements, and service of expert reports. The court will also consider the parties’ costs budgets and may make orders to control costs.

Key Points:

• The CCMC ensures the case is managed efficiently and proportionately.
• Both parties must file and exchange costs budgets in advance of the CCMC.

Settlement Can Be Achieved at Any Stage

It is important to remember that a full and final settlement of your case can be achieved at any stage of the proceedings, right up to and including the date of trial. Settlement discussions and negotiations can continue throughout the process, and many cases are resolved without the need for a final hearing. Your solicitor will always advise you on any settlement offers and help you achieve the best possible outcome.

Conclusion

The first stage of a multi-track personal injury claim involves careful preparation and compliance with court rules. Your legal team will guide you through each step, ensuring your case is presented effectively and that you are fully prepared for the next stages of litigation. 

(C) Alma Law 25.08.25