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A Court User's Guide to the
Civil Justice Reforms
Flowchart 9
Allocation questionnaire
CPR Part 27
Stays for settlement
A party may, when filing the completed allocation questionnaire, make a written request for the
proceedings to be stayed to attempt settlement
Where all parties request or agree to a stay, or the court of its own initiative considers a stay to be
appropriate, the court will direct the proceedings be stayed for one month.
An application to extend the stay may be made in a letter from any party or solicitor:
* confirming the application made with agreement of all parties and
* explaining the steps being taken and identifying any mediator or expert assisting with the
negotiations
The extension will generally be for no more than one months unless clear reasons given for a longer
extension
Settlement
The claimant must notify the court if a settlement is reached but any party may apply for the stay to be
lifted
Filing AQs/expiry of time for filing AQs
On filing or expiry of time for filing AQs the file is referred to the judge who may:
- if there is insufficient information in the completed AQs to allocate to a track, make an order
requiring one or more parties to provide further information within 14 days (Form N15 )
- if no party files a completed AQ, make an unless order for completed AQs to be filed within 3
days of service of the order, or some other sanction
- if one party fails to file a completed AQ, order an allocation hearing for all parties to attend
(Form N153) if there is insufficient information to allocate to a track
Filing other documents with AQs
A party may file with the completed allocation questionnaire:
- an application for summary judgment
- an application to strike out all or part of a statement of case
- additional information but the court will only take it into account if all parties have been served
with copies and agree that the information is correct and should be filed
Reallocation/appealing allocation decision
If dissatisfied with an allocation decision, a party may:
- appeal the order, if made at hearing at which the party was present or represented or of which
notice was received, or
- apply to the court to re-allocate the claim