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BPTC/BPC- Civil Litigation: Case Management, Sanctions and Striking Out (White Book )
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BPTC/BPC- Civil Litigation: Case Management, Sanctions and Striking Out (White Book )
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Rule 26_126.1— Scope of this Part1
26.1
(1) This Part provides for—
(a) the automatic transfer of some defended cases in the High Court;
(a1) the circumstances in which defended cases may be sent from one County Court hearing centre or court office to another; and
(b) the allocation of defended cases to case management tracks.
(2) There are three tracks—
(a) the small claims track;
(b) the fast track; and
(c) the multi-track.
(Rule 26.6 sets out the normal scope of each track. Part 27 makes provision for the small claims track. Part 28 makes provision for the fast track. Part 29 makes
provision for the multi-track.)
Rule 26_3
26.3— Directions questionnaire1
26.3
(1) Subject to rule 26.5A, if a defendant files a defence—
(a) a court officer will—
(i) provisionally decide the track which appears to be most suitable for the claim; and
(ii) serve on each party a notice of proposed allocation; and
(b) the notice of proposed allocation will—
(i) specify any matter to be complied with by the date specified in the notice;
(ii) require the parties to file a completed directions questionnaire and serve copies on all other parties;
(iii) state the address of the court or the court office to which the directions questionnaire must be returned;
(iv) inform the parties how to obtain the directions questionnaire; and
(v) if a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.
(1A) [Omitted]
(1B) The court will always serve on any unrepresented party the appropriate directions questionnaire.
(2) Where there are two or more defendants and at least one of them files a defence, the court will serve a notice under paragraph (1)—
(a) when all the defendants have filed a defence; or
(b) when the period for the filing of the last defence has expired,
whichever is the sooner.
(Rule 15.4 specifies the period for filing a defence.)
(3) If proceedings are automatically transferred under rule 26.2 or rule 26.2A the court in which the proceedings have been commenced—
(a) will serve the notice of proposed allocation before the proceedings are transferred; and
(b) will not transfer the proceedings until all parties have complied with the notice or the time for doing so has expired.
(4) If rule 15.10 or rule 14.5 applies, the court will not serve a notice under rule 26.3(1) until the claimant has filed a notice requiring the proceedings to continue.
(5) [Omitted]
(6) If a notice is served under rule 26.3(1)—
(a) each party must file, and serve on all other parties, the documents required by the notice by no later than the date specified in it; and
(b) the date specified will be—
(i) if the notice relates to the small claims track, at least 14 days; or
(ii) if the notice relates to the fast track or multi-track, at least 28 days,
after the date when it is deemed to be served on the party in question.
(6A) The date for complying with a notice served under rule 26.3(1) may not be varied by agreement between the parties.
(7) The time when the court serves a directions questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production
Centre.
(7A) If a claim is a claim to which rule 26.2A applies and a party does not comply with the notice served under rule 26.3(1) by the date specified—
(a) the court will serve a further notice on that party, requiring them to comply within 7 days; and
(b) if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.
(8) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such
an order as it considers appropriate, including—
(a) an order for directions;
(b) an order striking out the claim;
(c) an order striking out the defence and entering judgment; or
(d) listing the case for a case management conference.
(9) [Omitted]
(10) Where a case has been struck out under rule 26.3(7A)(b) or an order has been made under rule 26.3(8), a party who was in default will not normally be entitled to
an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to
do so, be ordered to pay the costs that the default caused to any other party.
(Rule 7.10 makes provision for the Production Centre.)
(Rules 6.14 and 6.26 specify when a document is deemed to be served.)
,Rule 26_4
26.4— Stay to allow for settlement of the case1
26.4
(1) A party may, when filing the completed directions questionnaire, make a written request for the proceedings to be
stayed(GL) while the parties try to settle the case by alternative dispute resolution(GL) or other means.
(2) If all parties request a stay the proceedings will be stayed for one month and the court will notify the parties
accordingly.
(2A) If the court otherwise considers that such a stay would be appropriate, the court will direct that the proceedings,
either in whole or in part, be stayed for one month, or for such other period as it considers appropriate.
(3) The court may extend the stay(GL) until such date or for such specified period as it considers appropriate.
(4) Where the court stays(GL) the proceedings under this rule, the claimant must tell the court if a settlement is reached.
(5) If the claimant does not tell the court by the end of the period of the stay(GL) that a settlement has been reached, the
court will give such directions as to the management of the case as it considers appropriate.
Rule 26_4a
26.4A— Referral to the Mediation Service1
26.4A
(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track
pursuant to rule 26.6.
(2) This rule does not apply to—
(a) road traffic accident, personal injury or housing disrepair claims; or
(b) any claim in which any party to the proceedings does not agree to referral to the Mediation Service.
(3) In this rule, “the Mediation Service” means the Small Claims Mediation Service operated by Her Majesty’s Courts and
Tribunals Service.
(4) Where all parties indicate on their directions questionnaire that they agree to mediation, the claim will be referred to
the Mediation Service.
(5) If a claim to which this rule applies is settled, the proceedings will automatically be stayed with permission to apply
for—
(a) judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
(b) the claim to be restored for hearing of the full amount claimed,
unless the parties have agreed that the claim is to be discontinued or dismissed.
Rule 26_5
26.5— Allocation1
26.5
(1) Subject to rule 26.5A, the court will allocate the claim to a track—
(a) when all parties have filed their directions questionnaires; or
(b) when giving directions pursuant to rule 26.3(8),
unless it has stayed(GL) the proceedings under rule 26.4.
(Rules 12.7 and 14.8 provide for the court to allocate a claim to a track where the claimant obtains default judgment on
request or judgment on admission for an amount to be decided by the court.)
(2) If the court has stayed(GL) the proceedings under rule 26.4, it will allocate the claim to a track at the end of the
period of the stay.
(2A) If—
(a) a claim is referred to the Mediation Service pursuant to rule 26.4A; and
(b) the court has not been notified in writing that a settlement has been agreed,
the claim will be allocated to a track in accordance with this rule no later than four weeks from the date on which the
last directions questionnaire is filed.
(3) Before deciding the track to which to allocate proceedings or deciding whether to give directions for an allocation
hearing to be fixed, the court may order a party to provide further information about his case.
(4) The court may hold an allocation hearing if it thinks it is necessary.
, Rule 26_6
26.6— Scope of each track1
26.6
(1) The small claims track is the normal track for—
(a) any claim for personal injuries where—
(i) the value of the claim is not more than £10,000; and
(ii) the value of any claim for damages for personal injuries is not more than—
(aa) £5,000 in a claim for personal injuries arising from a road traffic accident, except as provided in sub-
paragraph (bb);
(bb) £1,000 in a claim for personal injuries arising from a road traffic accident, in any of the circumstances
specified in rule 26.6A; or
(cc) £1,500 in any other claim for personal injuries;
(b) any claim which includes a claim by a tenant of residential premises against a landlord where—
(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises
(whether or not the tenant is also seeking some other remedy);
(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000.
(Rule 2.3 defines “claim for personal injuries” as proceedings in which there is a claim for damages in respect
of personal injuries to the claimant or any other person or in respect of a person’s death.)
(2) For the purposes of paragraph (1) “damages for personal injuries” means damages claimed as
compensation for pain, suffering and loss of amenity and does not include any other damages which are
claimed.
(2A) “Road traffic accident” means an accident resulting in a bodily injury to any person caused by, or
arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the
injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory
provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974
(3) Subject to paragraph (1), the small claims track is the normal track for any claim which has a value of not
more than £10,000.
(Rule 26.7(4) provides that the court will not allocate to the small claims track certain claims in respect of
harassment or unlawful eviction.)
(4) Subject to paragraph (5), the fast track is the normal track for any claim—
(a) for which the small claims track is not the normal track; and
(b) which has a value—
(i) for proceedings issued on or after 6th April 2009, of not more than £25,000; and
(ii) for proceedings issued before 6th April 2009, of not more than £15,000.
(5) The fast track is the normal track for the claims referred to in paragraph (4) only if the court considers
that—
(a) the trial is likely to last for no longer than one day; and
(b) oral expert evidence at trial will be limited to—
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.
(6) The multi-track is the normal track for any claim for which the small claims track or the fast track is not
the normal track.
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