A civil claim runs alongside an application for financial remedies and the two cases are to be heard together...
A civil claim runs alongside an application for financial remedies and the two cases are to be heard together. Should the civil claim still be allocated to track? Presumably, statements of case should be filed and served in the civil claim in the same way as if there were no connected proceedings?
The two cases should certainly be tried together and not consolidated. In the civil claim, statements of case should be filed and served in the usual way and allocation will be necessary where a defence is filed (CPR 26.5), unless the civil claim has been issued and is being allowed to continue under CPR Pt 8 in which event it will be deemed allocated to the multi track. Claims under the Trust of Land etc Act 1996 and Sch 1 to the Children Act 1989 are often heard together in this way and where a claim is closely linked to factual issues in the financial remedies application, the multi-track is usually regarded as the
