Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Allocation definition

What does Allocation mean? In civil litigation, allocation is the court’s decision, by order, placing a defended claim on the appropriate case management route. In England and Wales, it is governed by the Civil Procedure Rules (CPR) Part 26. Using information in the parties’ Directions Questionnaires (formerly allocation questionnaires) and any statements of value, the court typically allocates on the papers to one of four tracks: small claims, fast track, intermediate track, or multi-track. It considers factors such as monetary value, complexity, importance, remedies sought, number of parties, need for experts and expected trial length. The allocation order may include initial...

Court of Protection (England and Wales): Case Pathways, Judicial Allocation, Serious Medical Treatment, Court Officers and Reconsideration

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Practice notes

The Court of Protection Rules 2017 (COPR 2017) carry an overriding aim of enabling the court to determine cases fairly and at proportionate cost, reflecting the principles within the Mental Capacity ACT 2005 (MCA 2005). Under COPR 2017, r 1.3, the Court of Protection has a duty to manage cases actively by, among other matters:

considering the most suitable case pathway for the proceedings; and
ensuring Allocation to an appropriately levelled judge (or Authorised court officer) and, so far as possible, preserving judicial continuity

Allocation to case pathways

COPR 2017, r 3.9 provides for assigning cases to case management pathways. There are three such pathways:

the personal welfare pathway
the property and affairs pathway
the mixed welfare and property pathway

Each case should be placed on one of the above pathways on issue unless it falls within these excepted classes:

uncontested applications
applications for statutory Wills and gifts
applications made by the Public Guardian
applications in Form COPDOL11 or in Form DLA (deprivation of liberty), and
applications under

...

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