<P> The defendant must, if not admitting the claim, file a defence which has substance . It is not enough to simply deny the claim . A defence that simply denies is likely to be struck out by the court . </P> <P> At any point before or during proceedings, either party may make a part 36 offer to settle the claim for damages . </P> <P> After the defence has been filed, the court sends to all parties a directions questionnaire . This helps the judge decide the track to which the case should be allocated . </P> <P> If a party is dissatisfied with the allocation decision an application can be made to court for the claim to be re-allocated . </P>

When is a case allocated to its appropriate track