Complete notes covering Workshop 8 of the University of Law's Dispute Resolution Module.
- Case and Costs Management
- The Directions Questionnaire
- Directions Order
- Drafting a Case Summary
- Pre-Trial Checklist
- Case Management Conferences
Case and Costs Management
Overview of the Procedure
1. When the defence has been filed, the court will provisionally decide which “track” to allocate the claim to.
2. The court will then send the parties’ a Notice of Proposed Allocation (NPA), which, for Multi-Track Claims,
will normally require the parties to:
Complete a Directions Questionnaire (Form N181) by a specified date.
Attempt to agree directions and then file proposed directions by a specified date.
File and exchange cost budgets either:
a. With the DQ if the value of the claim is less than £50,000 (CPR 3.13)
b. In any other case, not later than 21 days before the first Case Management Conference (CPR
3.13).
Allocation
When defence is filed, the court provisionally decides which track the case will follow. It does this by:
Serving each party, an NPA
Requiring the Directions Questionnaire by a certain date (CPR 26.3)
Which track?
Small Claims Fast track Multi-track
CPR PT 27 CPR PT 28 CPR PT 29
Straight-forward claims of value not exceeding £10K, Claims worth between £10K and £25K Claims worth more than £25K.
although claims worth more than this may also be that can be tried in one day or less. Claims will go to the County Court if
allocated to this track (PD 26 para 8.1(2)). Only require one expert per party. (CPR straight-forward (debt action etc.)
26.6(4) & 28) and to the High Court if complex.
Will be heard in the County Court unless
they raise a point of public interest.
PD Para 2.6 lists the claims suitable for being tried *** (CPR 26.8) When deciding on which
in the RCJ, e.g. professional negligence. track to allocate the court must have
regard to;
If not in this list, transfer to County Court where - Value of the claim
value is less than £50K, or to the High Court District - Nature of remedy sought
Registry where value is over £50K. - Complexity of law/evidence
- Number of likely parties
For example: ‘This claim is suitable to be managed
and tried in the RCJ because it is a professional - Views expressed by parties
negligence claim worth over £50K and the witnesses - Circumstances of parties
are based in London.’ ***
The defendant can get an automatic transfer to a court more local to them under CPR26.2(1) if:
The claim is for a specified sum;
The court the claimant has begun proceedings in is not the defendant’s home court as defined in CPR 2.3;
The defendant is an individual; or
Any other defendants in the proceedings have not yet taken steps in the proceedings.
Post DQ; Allocation Hearing
Time Limits: 28 days after Deemed Service of NPA (4:30 business day rule except for post); Failure to comply = order
to comply within 7 days, failure to do so will result in a strike out.
Once all parties have filed their Directions Questionnaires, the court allocates the claim to a track.
A party may appeal the allocation (if present at a hearing) or apply to court for reallocation (if no hearing was
held) (PD 26 Para 11).
Parties must be given seven days’ notice of the Allocation Hearing.
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