How to Complete Form N181: Directions Questionnaire for Fast and Multi-Track Cases

Form N181 is the directions questionnaire you complete after a defence has been filed in a fast track, intermediate track, or multi-track claim in England and Wales, and to complete Form N181 you work through its lettered sections A to I, propose a track and complexity band, attach agreed draft directions (plus a Precedent H costs budget and a Form N263 disclosure report where required), and return everything to the court named on your notice of proposed allocation by the date printed on that notice. The current version is dated June 2024 and can be downloaded from the GOV.UK forms portal; the court also sends a copy with the notice of proposed allocation once a defence is on file.¹

Check the Deadline and the Return Address First

The return date is printed on the notice of proposed allocation. Under the Civil Procedure Rules it must give you at least 14 days from the date the notice is deemed served.² The court you send the form to may not be the court where proceedings were originally issued, so read the notice carefully rather than assuming.³

Section A: Settlement

Answer whether you want to try to settle now. If yes, you can request a one-month stay of proceedings for mediation or negotiation.³ If no, explain why settlement is inappropriate. Be specific. A vague answer reads worse to a judge than a concrete account of what has already been tried or why the dispute turns on a legal point that only a court can decide. An unreasonable refusal to engage with alternative dispute resolution can hurt you on costs later even if you win at trial.⁴

Section B: Court

If your claim is in the High Court, say whether it should stay there or transfer to a specific County Court hearing centre. In all cases, say whether there is any reason the claim needs to be heard at a particular court — perhaps the witnesses live in that area, or the subject matter has a geographic connection. Name the court and explain why.

Section C: Pre-Action Protocols

Confirm whether you followed the relevant pre-action protocol. If you did, tick yes. If you did not comply fully, explain what you missed and why. The judge will take non-compliance into account when setting directions and making costs orders.⁴

Section D: Case Management Information

This is the longest and most consequential section. It covers:

Any pending applications you have made (such as summary judgment or interim relief), with hearing dates if fixed.
The track you propose — fast, intermediate, or multi-track — and whether the other party agrees. Give reasons if they disagree.
For fast and intermediate track cases, the complexity band (1 to 4) you propose, whether the other side agrees, and brief reasons.
For multi-track cases, whether you have agreed the scope of electronic disclosure using the Electronic Documents Questionnaire in Practice Direction 31B, or which disputed issues the court will need to resolve.⁵
For all cases, the directions you propose for disclosure of non-electronic documents.
For multi-track cases other than personal injury, whether you have filed and served the Form N263 disclosure report and agreed a disclosure proposal that meets the overriding objective.

Choosing the Right Track

The court makes the final decision, but your proposal and reasoning carry weight.

The fast track is the normal track for claims worth up to £25,000 that are not suitable for the small claims track, where the trial will last no longer than one day and oral expert evidence is limited to one expert per party in no more than two fields.⁶ A claim under £25,000 can still end up higher if the issues are complex.

The intermediate track, introduced in 2023, is the normal track for claims worth up to £100,000 where the fast track is unsuitable, the trial is expected to last no more than three days, oral expert evidence is limited to two experts per party, and there are no more than one or two claimants against one or two defendants.⁶ Intermediate track cases are assigned to one of four complexity bands:

Band 1 covers single-issue disputes where the trial is not expected to exceed one day, for example a personal injury claim where only liability or only damages is contested.
Band 2 covers claims with more than one issue in dispute, such as a personal injury claim where both liability and damages are contested.
Band 3 covers more complex multi-issue claims that do not fit Band 2, including employer’s liability disease claims like noise-induced hearing loss.
Band 4 covers claims suitable for the intermediate track but too complex for Bands 1 to 3, including personal injury cases with serious factual or legal disputes.

The multi-track is the catch-all for anything that does not fit small claims, fast, or intermediate.⁶ In practice this means claims worth more than £100,000, cases with more parties than the intermediate track allows, trials expected to last more than three days, or disputes involving complex legal issues regardless of value. Multi-track cases carry extra obligations: a costs budget on Precedent H, and for non-personal-injury claims a disclosure report on Form N263.

Section E: Experts

If you want to rely on expert evidence, tick yes and give the details. State whether any expert reports have already been shared, whether a single joint expert would be appropriate, and list your proposed experts (joint and party-specific). For each, explain why the evidence is needed and estimate the cost of the report.³ On the fast track, oral expert evidence is normally limited to one expert per party in up to two fields.⁶

Section F: Witnesses

List every witness of fact you intend to call and the specific issues each will address. Witness statements are not attached at this stage, but you should have a clear idea of what each person will say. Flag any uncertainty about availability so the court can factor it into the timetable.

Section G: Trial or Final Hearing

Give a realistic estimate of trial length. Underestimating to make your case look simpler creates problems later when the court has to find more hearing time. Identify any dates in the next 12 months when you, your experts, or essential witnesses are unavailable, and supply them now rather than trying to move the trial window later.

Section H: Costs

For multi-track cases, confirm whether you have attached your costs budget on Precedent H, which sets out anticipated legal fees and disbursements for each stage from disclosure to trial.⁷ Where your total costs do not exceed £25,000 or the claim value on the claim form is under £50,000, you only complete the first page of Precedent H.⁸ Failing to file a costs budget when required is treated as filing a budget consisting of court fees only, which effectively caps your recoverable costs at nothing.⁹

Section I: Other Information and Vulnerability

Flag any future applications you intend to make and any other information that would help the judge manage the case. The form’s vulnerability section asks whether you or any of your witnesses are vulnerable in a way that affects participation.³ Vulnerability can arise from age, communication difficulties, physical or mental health conditions, learning difficulties, the traumatic nature of the subject matter, or a relationship with another party involving intimidation or abuse. Identify it here so the court can order appropriate support such as screens, video links, an intermediary for questioning, or removal of wigs and gowns. The court must consider the vulnerable person’s own views before ordering any measures.¹⁰

Attach Draft Directions

Whichever track you propose, you must try to agree proposed directions with every other party and attach a draft order for directions to your completed form.⁵ The draft is your proposed roadmap from now to trial. A typical set covers deadlines for disclosure of documents, exchange of witness statements, exchange of expert reports, any questions to experts, a trial window, and the estimated length of the hearing. For multi-track cases, the draft should also address whether the court should permit a single joint expert or allow each party to instruct their own, and whether any preliminary issues should be tried separately.

If the parties agree, the judge may approve the directions without a hearing. If proposals conflict, the judge will either impose directions on paper or list a Case Management Conference. For multi-track cases, both parties must submit their agreed or competing proposals at least seven days before any scheduled conference.¹¹

Filing the Form and Serving the Other Parties

Send the completed N181 to the court named on your notice of proposed allocation, which may not be the court that issued the claim. You can file by post, and some courts accept electronic filing through the CE-File system.¹² Make sure the court receives the form and every attachment (draft directions, Precedent H if applicable, disclosure report if applicable) before the deadline.

You must also serve a copy of the completed questionnaire and all attachments on every other party, usually by first-class post or personal delivery to the address for service given by their solicitors, or their stated address if unrepresented.⁶ Keep proof of posting or a delivery receipt. If the other side later claims they never received the questionnaire, that proof settles the argument quickly.

What Happens If You Miss the Deadline

The court will serve a second notice giving you seven days to comply. If you still fail to file, your statement of case — whether the claim or the defence — is struck out without a further court order, and you will normally be ordered to pay the other party’s wasted costs.⁶

If your case is struck out, you can apply for relief from sanctions under CPR 3.9. The court applies the three-stage test from Denton v TH White Ltd: how serious and significant the breach was, why it happened, and all the circumstances of the case, including how promptly you applied for relief and whether you have breached other rules. Relief is not guaranteed, particularly where the delay was long or unexplained.

What Comes Next

Once every party has filed a questionnaire (or the filing period has expired), a judge reviews everything and issues a formal notice of allocation confirming the track and, for intermediate track cases, the complexity band.⁶ For fast track and intermediate track cases, the court usually gives standard directions at the same time. For multi-track cases, the court either gives directions on paper (if the parties have agreed them) or fixes a Case Management Conference to resolve the disputes.¹¹ Anyone attending a Case Management Conference must be familiar with the case and have enough authority to deal with the issues likely to arise.

1
GOV.UK. Directions Questionnaire – Fast Track, Intermediate Track or Multi-Track: Form N181
2
Legislation.gov.uk. The Civil Procedure Rules 1998 – Part 26
3
GOV.UK. N181 Directions Questionnaire – Fast Track, Intermediate Track and Multi-Track
4
Justice UK. Practice Direction – Pre-Action Conduct and Protocols
5
GOV.UK. N181 Directions Questionnaire – Fast Track, Intermediate Track and Multi-Track
6
Justice UK. Civil Procedure Rules – Part 26 – Case Management – Preliminary Stage
7
GOV.UK. Form Precedent H and R: Costs Budget (Precedent H) and Budget Discussion Report (Precedent R)
8
Justice UK. Practice Direction 3D – Costs Management
9
Justice UK. Civil Procedure Rules – Part 3 – The Court’s Case Management Powers
10
Justice UK. Practice Direction 1A – Participation of Vulnerable Parties or Witnesses
11
Justice UK. Civil Procedure Rules – Part 29 – The Multi-Track
12
Justice UK. Practice Direction 5C – CE-File Electronic Filing and Case Management System