Williams v Santander UK Plc [2015] EW Misc B37 (CC) (21 August 2015)

Williams v Santander UK Plc [2015] EW Misc B37 (CC) (21 August 2015)

There was no change in circumstances or good reason to justify reallocation; the case value and complexity were suitable for the small claims track and the original allocation was a considered decision.

Citation
[2015] EW Misc B37 (CC)
Parties
Claimant: Edward Williams; Defendant: Santander UK Plc
Jurisdiction
England and Wales
Judgment Date
21 August 2015
Procedural Posture
Civil / Application for Reallocation of Track
Outcome
Application for reallocation refused
Legal Topics
Case Allocation, Small Claims Track, Fast Track, Negligence, Mis Selling, Expert Evidence
Civil Procedure Case Allocation Small Claims Track Fast Track Negligence Mis Selling Expert Evidence

Case Brief

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Parties

Edward Williams

Claimant

Santander UK Plc

Defendant

Procedural Posture

Civil / Application for Reallocation of Track

Legal Issues

  1. 1 Whether the claim should be reallocated from the small claims track to a higher track
  2. 2 Whether the complexity or inequality of arms justifies reallocation

Ratio Decidendi

There was no change in circumstances or good reason to justify reallocation; the case value and complexity were suitable for the small claims track and the original allocation was a considered decision.

Court Disposition

Application for reallocation refused

Orders

  • Claim remains allocated to the small claims track