APPENDIX 3 CASE MANAGEMENT DIRECTIONSDRAFT ORDERS FOR USE ON ALLOCATION OR AT CASE MANAGEMENT CONFERENCES
IT IS ORDERED 1. Allocation to multi-track ( ) that this claim is allocated to the multi-track. 2. Transfer of claims, including transfer from Part 8 () that the claim be transferred to: (a) the Division of the High Court; (b) the District Registry; (c) the [Central London] County Court [Chancery List]. ( ) that the issue(s) (define issue(s)) be transferred to (one of (a) to (c) above) for determination. ( ) that the (party) apply by (date) to a Judge of the Technology and Construction Court [or other Specialist List] for an Order to transfer the claim to that Court. ( ) that the claim (title and claim number) commenced in [the County Court][the District Registry of ], be transferred from that Court to the Chancery Division of the High Court. ( ) that this claim shall continue as if commenced under Part 7 and shall be allocated to the multi-track. 3. Alternative dispute resolution This claim be stayed until [one month] for the parties to try to settle the dispute by alternative dispute resolution or other means. The parties shall notify the Court in writing at the end of that period whether settlement has been reached. The parties shall at the same time lodge either: (a) (if a settlement has been reached) a draft consent Order signed by all parties; or (b) (if no settlement has been reached) a statement of agreed directions signed by all parties or (in the absence of agreed directions) statements of the parties' respective proposed directions. 4. Probate cases only () that the [party] file [his][her] witness statement or affidavit of testamentary scripts and lodge any testamentary script at Room TM7.09, Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL [ District Registry] by (date). 5. Case summary () that [each party][the (party)] by (date) prepare and serve a case summary [not exceeding words] on all other parties, to be agreed by (date) and filed by (date) and if it is not agreed by that date the parties shall file their own case summaries. 6. Trial date ( ) that the trial of the claim/issue(s) take place between (date) and (date) ("the trial window"). ( ) that the (party) shall make an appointment to attend on the Listing Officer (Room WG4, Royal Courts of Justice, Strand, London WC2A 2LL; Tel. 020 7947 6816; Fax No. 020 7947 7352) to fix a trial date within the trial window, such appointment to be not later than (date) and give notice of the appointment to all other parties. ( ) that (i) the claim be entered in the [Trial List][General List], with a listing category of [A][B][C] (to be decided by the Master with reference to the substance and difficulty of the case), with a time estimate of days/weeks (ii) the trial take place in London (or identify venue). 7. Pre Trial Review () [the trial being estimated to last more than 10 days] that there be a Pre Trial Review on a date to be arranged by the Listing Officer [in conjunction with the parties] [to take place shortly before the trial and, if possible, in front of the Judge who will be conducting the trial] at which, except for urgent matters in the meantime, the Court will hear any further applications for Orders. 8. All directions agreed. () The parties having agreed directions it is by consent ordered:- [Set out all the directions by reference to parties' draft Order on file]. 9. Some directions agreed () The parties having agreed the following directions it is by consent ordered: [Set out the agreed directions by reference to parties' draft Order on file as above, and any further directions to be given at this stage]. 10. Case management conference etc. () that there be a [further] case management conference before the Master in Room TM ... , Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL on (date) at o'clock (of hours/minutes duration). () that there shall be a case management conference (of hours/minutes duration). In order for the Court to fix a date the parties are to complete the accompanying questionnaire and file it by (date). () that the (party) apply for an appointment for a [further] case management conference by (date). () At the case management conference, except for urgent matters in the meantime, the Court will hear any further applications for Orders and any party must file an Application Notice for any such Orders and serve it and supporting evidence (if any) by (date). 11. Failure to file allocation questionnaire ( ) that, no allocation questionnaire having been received from [the Claimant][the Defendant], if [the Claimant][the Defendant] [does not file [his][her] allocation questionnaire within 3 days after service of this Order upon [him][her], the [claim] [counterclaim] shall be struck out without further Order [or as the case may be]. [Add Order as to costs]. 12. Amendments to statement of case ( ) that the (party) has permission to amend [his][her] statement of case as in the copy on the Court file [initialled by the Master]. ( ) that the amended statement of case be verified by a statement of truth. ( ) that the amended statement of case be filed by (date). ( ) that [the amended statement of case be served by (date).] [service of the amended statement of case be dispensed with]. ( ) that any consequential amendments to other statements of case be filed and served by (date) ( ) that the costs of and consequential to the amendment to the statement of case [shall be paid by (party) in any event] [are assessed in the sum of £ and are to be paid by (party)][within (time)]. 13. Addition of parties etc. () that the (party) has permission: (a) to [add][substitute][remove] (name of party) as a (party) and (b) to amend [his][her] statement of case in accordance with the copy on the Court file [initialled by the Master]. and that the amended statement of case be verified by a statement of truth. () that the amended statement of case be : (a) filed by (date); (b) served on (new party, existing parties or removed party, as appropriate), by (date). () that a copy of this Order be served on (new party, existing parties or removed party, as appropriate), by (date). () that any consequential amendments to other statements of case be filed and served by (date). () that the costs of and consequential to the amendment to the statement of case [shall be paid by the (party) in any event] [are assessed in the sum of £ and are to be paid by the (party)]. 14. Consolidation () that this claim be consolidated with claim number (number and title of claim), the lead claim to be claim number . [The title to the consolidated case shall be as set out in the Schedule to this Order]. 15. Trial of issue () that the issue of (define issue) be tried as follows: (a) with the consent of the parties, before a Master (i) on (date) in Room TM Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL; (ii) with a time estimate of (hours), (iii) with the filing of listing questionnaires dispensed with, or (b) before a Judge (i) with the trial of the issue to take place between (date) and (date) ("the trial window") (ii) with the (party) to make an appointment to attend on the Listing Officer (Room WG4, Royal Courts of Justice, Strand, London WC2A 2LL; Tel. 020 7947 6778/6690; Fax No. 020 7947 7345) to fix a trial date within the trial window, such appointment to be not later than (date) and to give notice of the appointment to all other parties. (iii) with the issue to be entered in the [Trial List][General List], with a listing category of [A][B][C] (to be decided by the Master with reference to the substance and difficulty of the case, and a time estimate of days/ weeks and to take place in London (or identify venue).
16. Further information () that the (party) provide by (date) the [further information][clarification] sought in the request dated (date) [initialled by the Master]. () that any request for [further information][clarification] shall be served by [date]. 17. Disclosure of documents () that each party give by (date) standard disclosure to every other party by list [by categories]. () that the (party/parties) give specific disclosure of documents [limited to the issues of ] described in the Schedule to this Order [initialled by the Master] by list [by categories] by (date). () that the (party) give by (date) standard disclosure by list [by categories] to (party) of documents limited to the issue(s) of (define issues) by list. 18. Inspection of documents () that any requests for inspection or copies of disclosed documents shall be made within days after service of the list. 19. Preservation of property () that the (party) preserve (give details of relevant property) until trial of the claim or further Order or other remedy under rule 25.1(1). 20. Witness statements () that each party serve on every other party the witness statement of the oral evidence which the party serving the statement intends to rely on in relation to [any issues of fact][the following issues of fact (define issues)] to be decided at the trial, those statements [and any notices of intention to rely on hearsay evidence] to be (a) exchanged by (date) or (b) served by (party) by (date) and by (party) by (date) provided that before exchange the parties shall liaise with a view to agreeing a method of identification of any documents referred to in any such witness statement. () that the (party) has permission to serve a witness summary relating to the evidence of (name) of (address) [on every other party by][to be served on (party)/exchanged at the same time as exchange of witness statements]. 21. No expert evidence () no expert evidence being necessary, that [no party has permission to call or rely on expert evidence][permission to call or rely on expert evidence is refused]. 22. Single expert () that evidence be given by the report of a single expert in the field of (define field) instructed jointly by the parties, on the issue of (define issue) [and [his][her] fees shall be limited to £ ]. () that if the parties are unable to agree [by (date)] who that expert is to be and about the payment of [his][her] fees any party may apply for further directions. () that unless the parties agree in writing or the Court orders otherwise, the fees and expenses of the single expert shall be paid to [him][her] by the parties equally. () that each party give [his][her] instructions to the single expert by (date). () that the report of the single expert be filed and served by [him][her] on the parties by (date). () that no party may recover from another party more than £ for the fees and expenses of the expert. () that the evidence of the expert be given at the trial by [written report][oral evidence] of the expert. 23. Separate Experts () that each party has permission to adduce [oral] expert evidence in the field of (specify) [limited to expert(s) [per party][on each side]. () that the experts' reports shall be exchanged by (date). () that the experts shall hold a discussion for the purpose of: (a) identifying the issues, if any, between them; and (b) where possible, reaching agreement on those issues. () that the experts shall by [specify date after discussion] prepare and file a statement for the Court showing: (a) those issues on which they are agreed; and (b) those issues on which they disagree and a summary of their reasons for disagreeing. () No party shall be entitled to recover by way of costs from any other party more than £ for the fees or expenses of an expert. 24. Definition and reduction of issues. () that by (date) the parties list and discuss the issues in the claim [including the experts' reports and statements] and attempt to define and narrow the issues [including those issues the subject of discussion by the experts]. 25. Trial bundle and skeleton arguments. () that not earlier than 7 days or later than 3 days before the date fixed for trial or of the claim entering the Warned List the Claimant shall file with the Chancery Listing Office a trial bundle for the use of the Judge in accordance with Appendix 6 of the Chancery Guide. () that skeleton arguments and chronologies shall be filed not less than 2 clear days before the date fixed for trial or of the claim entering the Warned List, in accordance with Appendix 7 of the Chancery Guide. 26. Settlement () that if the claim or part of the claim is settled the parties must immediately inform the Court, whether or not it is then possible to file a draft Consent Order to give effect to the settlement. 27. Compliance with Directions () that the parties shall by (date) notify the Court in writing that they have fully complied with all directions or state: (a) with which directions they have not complied; (b) why they have not complied; and (c) what steps they are taking to comply with the outstanding directions in time for the trial. If the Court does not receive such notification or if the steps proposed to comply with outstanding directions are considered by the Court unsatisfactory, the Court may order a hearing (and may make appropriate orders as to costs against a party in default). 28. Costs ( ) that the costs of this application be: (a) costs in the case; (b) summarily assessed at £ and paid by (party); or (c) the [party/parties]'[s] in any event, to be subject to detailed assessment. o NOTE 1 The attention of the parties is drawn to the importance of seeking to agree at an early stage directions for the management of the case as emphasised in the Practice Direction to Part 29 of the Civil Procedure Rules. o NOTE 2 The parties may, subject to any agreement being in accordance with the provisions of the Civil Procedure Rules, agree to extend the time periods given in the directions above provided this does not affect the date given for any case management conference or pre-trial review or the date of the trial or trial period. o NOTE 3 If you fail to attend a hearing that has been ordered, the Court may order you to pay the costs of the other party, or parties, that do attend. Failure to pay those costs within the time stated may lead to your statement of case (claim or defence) being struck out. o NOTE 4 | ||