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Some time ago (2001 - 2003) I regularly defended claims brought by a union firm against a client. At the point of issue they would limit the value of the claim so that it would always initially fall in the fast track. In turn, this would preclude me from being able to adduce medical evidence on behalf of the Defendant.

In almost every case, when the updated Schedule of loss fell due as per the Directions, they would serve a far larger schedule, updated medical evidence and seek to re-allocate the claim to the multi-track and its true value of £50k - £100k would then be revealed. Any submission that the Defendant should then be allowed its own medical evidence then fell on deaf ears to the Court as it could be argued doing so would effect the timetable/trial date etc at that stage and thus it was not in the interests to allow defendant evidence.

It was a frustrating tactic.