The civil courts in England and Wales introduced a significant reform to case allocation and costs management in October 2023, creating a new category known as the intermediate track.

Understanding what the intermediate track is is essential for litigants and practitioners, particularly as it sits between the fast track and the multi-track, and operates within the expanding fixed costs regime.

This article explains how the intermediate track works, which cases it applies to, and what it means for costs recovery.

 

Why Was the Intermediate Track Introduced?

The intermediate track was introduced as part of wider changes to the Civil Procedure Rules, following a civil procedure amendment designed to extend fixed recoverable costs (FRC) to a broader range of cases.

Prior to the rules of 2023, many claims that were too complex for the fast track were automatically allocated to the multi-track, often leading to higher and less predictable costs.

The introduction of the intermediate track aims to:

• Bridge the gap between the fast track and multi-track
• Provide greater costs certainty under the fixed costs regime
• Ensure that cases are dealt with proportionately in the interests of justice

 

What Is the Intermediate Track in Practice?

So, what is the intermediate track in practical terms?

The intermediate track is a case management track for claims that are more complex than those suitable for the fast track, but not sufficiently complex to justify allocation to the multi-track.

A claim is typically allocated to the intermediate track where:

• The trial is expected to last no more than three days
• Oral expert evidence is limited (usually to two experts per party)
• The issues are more involved than a standard fast-track claim, but not highly complex

Under CPR 26.9, the court will decide how a claim is allocated by considering factors such as value, complexity, and the importance of the case to the parties.

 

Key Features of the Intermediate Track

The intermediate track introduces several distinct features that differentiate it from other track cases.

Fixed Recoverable Costs (FRC)

One of the most important aspects is that the intermediate track operates within the fixed recoverable costs FRC framework.

This means that, subject to limited exceptions, the amount a successful party can recover in legal costs is fixed in advance. These figures are set out in Table 14, which applies to intermediate track cases.

Complexity Bands

Cases within the intermediate track are further divided into complexity bands, which determine the level of costs that can be recovered.

These bands reflect the nature of the claim, including:

• The complexity of legal and factual issues
• The volume of evidence
• The level of work required

This structure ensures that costs remain proportionate while still allowing for variation between simpler and more complex claims.

Case Management Approach

Cases allocated to the intermediate track are subject to a more structured approach than those on the fast track, but without the full procedural burden of the multi-track.

This allows the court to manage complex claims efficiently, while maintaining tighter control over costs.

 

How Does It Compare to Other Tracks?

To fully understand the intermediate track, it helps to compare it with the existing tracks.

Small Claims Track

• Applies to low-value claims of a straightforward nature
• Costs recovery is strictly limited, subject to defined exceptions
• Procedure is informal, with minimal judicial case management

Fast Track

• Generally applicable to claims valued at up to £25,000
• Trials are ordinarily limited to one day
• Subject to the fixed recoverable costs regime

Intermediate Track

• Applies to claims of moderate complexity falling between the fast track and multi-track
• Trial length is ordinarily limited to no more than three days
• Subject to the extended fixed recoverable costs regime, including allocation by complexity bands

Multi Track

• Applies to claims which, by reason of value, complexity, or importance, are unsuitable for allocation to other tracks
• Not subject to fixed recoverable costs
• The court retains full discretion as to case management and costs

In some cases, claims such as noise induced hearing loss disputes may fall within the intermediate track, depending on their complexity and evidential requirements.

 

When Will a Case Be Allocated to the Intermediate Track?

The court determines allocation based on the criteria set out in the Civil Procedure Rules, particularly CPR 26.9.

A claim may be allocated to the intermediate track where it cannot be fairly managed within the fast track, but does not require the flexibility of the multi-track.

Factors the court will consider include:

• The complexity of the issues
• The likely length of the trial
• The number of witnesses and experts
• The overall value and importance of the claim

Ultimately, the goal is to ensure that the case is handled proportionately and in line with the interests of justice.

 

Practical Implications for Litigants

Understanding what the intermediate track is is important when assessing both litigation strategy and costs risk.

For claimants and defendants alike, the introduction of this track means:

• Greater predictability in legal costs due to the fixed costs regime
• Less flexibility compared to multi-track cases
• Increased importance of early case assessment and preparation

Parties should also be aware that once a claim is allocated to the intermediate track, the applicable fixed recoverable costs FRC will usually apply unless an exception can be justified.

 

How Greener Costs Can Help

Understanding what the intermediate track involves is essential when assessing both litigation strategy and costs exposure. The extension of the fixed recoverable costs regime, together with the introduction of complexity bands, means that early and informed decision-making is now more important than ever.

At Greener Costs, we provide specialist support across all aspects of costs management within the intermediate track, including:

• Advising on likely track allocation and complexity banding
• Strategic guidance on the fixed recoverable costs regime and costs risk
• Assisting with case strategy to ensure proportionality and compliance with the Civil Procedure Rules
• Maximising recovery for the receiving party and limiting exposure for the paying party

Whether your claim is likely to be allocated to the intermediate track or you are already progressing within it, expert costs advice can play a critical role in achieving a commercially effective outcome.

Get in touch with Greener Costs Today via our enquiry form, or drop a brief summary of your case to info@greenercosts.co.uk to discuss how we can support you.

 

Frequently Asked Questions

What types of cases fall within the intermediate track?

The intermediate track is intended for cases that are too complex for the fast track but not sufficiently complex for the multi-track. This often includes disputes with multiple issues, expert evidence, or longer trial estimates.

Does the intermediate track always involve fixed costs?

In most cases, yes. The intermediate track operates within the fixed recoverable costs regime, meaning that costs are usually determined by reference to set figures rather than detailed assessment.

Can a case move between tracks?

Yes, the court has the power to reallocate a case if circumstances change. For example, if a claim becomes more complex, it may be moved to the multi-track.

How are costs calculated in the intermediate track?

Costs are generally determined by reference to fixed tables, including Table 14, and are influenced by the complexity band assigned to the case.