Court Service Guide

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A Court User's Guide to the Civil Justice Reforms

This guide is intended to help all court users. Its purpose is to raise awareness of changes brought about by the Civil Justice Reforms which come into effect on 26 April 1999. It:

provides a descriptive overview of the main changes to give an initial understanding of their aims (Part 1); and
using easy-to-follow flowcharts, shows how procedures will operate (Part 2).

Most of the information in this guide is taken from the Civil Procedure Rules and their supporting practice directions. It does not attempt to reproduce all the detail they contain, nor apply it to individual types of claim. It is essential, therefore that this document is used only as a guide.

Reference should always be made to the relevant rule or practice direction before any of the new procedures are started. Only by doing this will readers ensure that they have a full picture of the documents required, the information they should contain, and any other detail relevant to their individual type of claim.

As a further help to court users, information about new procedures is also being provided in a series of small leaflets. A list of the leaflets and their titles, can be found on the last page to this guide. The leaflets will be available free from any court from around mid- April 1999

History of the reforms	5
Rules and their relationship with practice directions	5
The role of practice directions	6
Forms	6
The overriding objective of the rules (CPR Part 1)	6
Case monitoring	6
Sanctions (CPR Part 3)	7
Stays for settlement (CPR Part 26)	7
Pre action protocols	8
Jurisdiction for start of proceedings (CPR Part 7)	8
Starting proceedings -- the Part 7 claim	8
Value	9
Particulars of claim	9
Statements of truth	10
Response pack	10
Part 8 Claims (CPR Part 8)	11
Default judgment (CPR Part 12)	11
Service (CPR Part 6)	11
Admissions and part admissions	12
Defence and automatic transfer (CPR Part 15)	12
Defence that amount owed has been paid	13
Allocation questionnaire	13
Applications to be made when claims come before a judge	13
Summary judgment (CPR Part 24)	14
Allocation to track (CPR Part 26)	14
Experts (CPR Part 35)	14
The small claims track (CPR Part 27)	15
The fast track (CPR Part 28)	16
The multi-track (CPR Part 29)	16
Public and private hearings (CPR Part 39)	16
Case management conferences	17
Pre trial reviews	17
Court fees	17
Costs	18
Summary Assessment	18
Detailed Assessment	18
Transitional Arrangements (CPR Part 51)	18
Index of flowcharts	21
List of leaflets	68

Part 1 -- The Overview

History of the reforms

1. The Civil Justice Reforms flow from recommendations made by Lord Woolf following his review of Civil Justice. The results of his review were published in a final report entitled Access to Justice, in June 1996.

2. The report highlighted Lord Woolf's findings that the civil justice system was too slow, too costly and too complex. This deterred people from using the courts, and, for those who did, the process was uncertain both as to how long the case would take to reach a conclusion and as to the eventual cost. Research into costs revealed that final costs, particularly to achieve an award of moderate value, were often disproportionate. For example, the costs might represent two or three times the amount of the award. This led Lord Woolf to comment that there appeared no alternative but to bring about a fundamental change which would take responsibility for case progress out of the hands of the parties and make it a prime function of the court. Judicial case management lies at the heart of the reforms.

3. Since publication of Lord Woolf's report, a number of public consultation papers have been issued, seeking views on various policy proposals, and the Civil Procedure Act has been given Royal Assent. It is the Act which provides the authority for a single Civil Procedure Rule Committee which replaces the current Supreme Court and County Court Rule Committees. It is the Civil Procedure Rule Committee which approved the new rules. These are unified rules applying to both the High Court and county courts, ensuring that so far as it is possible, they operate the same procedures using the same forms.

Rules and their relationship with practice directions

4. The new rules will introduce a `new procedural code'. A new code means that generally old precedent (old case law) will not have any relevance in the application of the new rules. The rules:

are set out in Parts;
written in plainer language;
contain `signposts';
contain a glossary; and
contain a number of new titles and expressions.

Signposts (sentences which appear in brackets throughout the rules) are used to refer the reader to other relevant rules within the same Part, or to other Parts of the rules, saving the need to refer to the index in every case. The glossary contains explanations of some of the terms or expressions used in the rules. Within the following text, new terms and expressions will appear in bold, saying which, if any, existing ones they replace.

5. The rules contain much less detail than existing rules, especially where this was a reference to action which was purely administrative, and where they set out what additional information was required for a particular type of claim e.g. the need to provide medical reports at the outset if your claim is one for personal injury. This kind of detail can now be found in the relevant practice direction.
As a general rule, therefore, it is not sufficient to simply look at a rule. Reference must also be made to the relevant practice direction to ensure a full picture of a procedure and its requirements.

The role of practice directions

6. As well as having much closer links to individual Parts of the rules, practice directions have other roles. They tell parties and their representatives what the court will expect of them, both in respect of documents to be filed in court for a particular purpose, and as to behaviour in complying with directions and co-operating with other parties to their claims. They also tell parties what they can expect of the court. For example, what sanction the court is likely to impose if a particular court request, or order, such as a request to complete an allocation questionnaire, is not complied with.

7. Almost every Part of the new rules has a corresponding practice direction. These have been published with the rules. They supersede all existing practice directions, both local and national. Practice directions are approved by the Vice Chancellor (the Head of Civil Justice), under the authority delegated to him by the Lord Chancellor.

Forms

8. Both the rules and the practice directions refer to forms. Copies of new or amended forms required to operate the system have been published with the rules and practice directions. They are also available on the Court Service website (www.courtservice.gov.uk). Copies of new forms for completion by parties to proceedings will be available from courts from mid-April 1999.

The overriding objective of the rules (CPR Part 1)

9. Part 1 of the rules sets out their overriding objective: enabling the court to deal with cases justly. Dealing with cases justly involves the courts ( judges) actively managing them. This short, but crucial, Part of the rules also sets out:

the criteria on which all decisions relevant to new rules will be based;
the matters which should be considerations in the case management process; and
an express duty for parties to proceedings to help the court achieve the overriding objective.

Case monitoring

10. Judges will receive support from court staff in carrying out their case management role. Court staff will be responsible for case monitoring. This involves the use of a computerised diary monitoring system which they will use to:

record certain requests, or orders, made by the court;
identify the particular case, or cases, to which they refer and the dates by which a response should be made; and
check on the due date whether or not the request or order has been complied with.

11. Whether or not there has been compliance, court staff will pass relevant files to a procedural judge, who will usually be, in the Royal Courts of Justice, a Master, or in a county court or district registry, a district judge. It will be a matter for the Master or district judge to decide on the necessary action, including whether it is appropriate to impose a sanction if one or both parties have not complied with a request or order.

12. It is not the intention that court staff should monitor, for example, every element of any directions given for preparation of a claim for trial. Monitoring will be restricted to "milestone" events, that is, those that have a particular significance in the management of a case such as the filing of allocation and listing questionnaires, case management hearing and trial dates (see paragraphs 58 to 67).

Sanctions (CPR Part 3)

13. Part 3 of the rules sets out the court's case management powers. They provide a range of measures which the court can employ to ensure that its orders are not ignored. Their purpose is not solely punitive. They will act as a powerful deterrent to delay, particularly the kind of delay which can affect case progress generally and lead to large numbers of hearings and trials being adjourned. The intention in imposing a sanction will always be to put parties back in the position they would have been in if one of them had not failed to meet a deadline, for example, ordering that they carry out a task within a very short time limit of no more than two or three days, in order that trial dates can be met.

Stays for settlement (CPR Part 26)

14. Active case management imposes an express duty on courts to help parties settle their disputes. An opportunity for a stay (a temporary halt to the proceedings), arises at the time allocation questionnaires have to be completed, that is, when a defence to a claim has been filed. Parties can indicate that they have agreed on a stay to attempt to settle the case and, provided the court approves, can have an initial period of one month for the purpose. To avoid the provision being used as a delaying tactic, the order granting the stay will require parties to report back to the court within 14 days of the end of the period of the stay to:

inform the court if the matter has been settled either wholly or partially; or
asking for further time for settlement; or
reporting that the attempt to settle has failed so that the process of allocation to track can take place.

15. Parties may choose a stay to seek arbitration or mediation of their claim, but there is no compulsion in the rules for them to do so. However, if an extension of a stay is sought, parties must provide the court with good reason to suppose that any extension is likely to be worthwhile. For example, explaining who is helping, mediator or expert, in the process of trying to achieve a settlement. It will always be the court's decision whether a stay, or an extension to a stay, should be granted, even if both parties are agreed. A stay will never be granted for an indefinite period.

Pre action protocols

16. Pre action protocols are sets of best practice guidance about steps which should be taken by parties, or their legal advisers, before proceedings are issued. Their purpose is to achieve early identification of the issues and evidence, leading to more informed and earlier settlements, without the need to start court proceedings. If settlement cannot be reached, they ensure that parties are still in a much better state of knowledge and readiness to cope with court-imposed timetables when proceedings are issued. Although there will only be two, specific pre action protocols available for 26 April, the practice direction relating to protocols makes it clear that courts will generally expect parties to have entered into the spirit of protocols by exchanging information and generally trying to settle matters before proceedings are begun, no matter what type of claim. It is hoped that, over time, more protocols will be introduced covering other types of business.

17. The two pre action protocols which the Vice Chancellor has approved relate to personal injury claims and clinical (replacing the term medical), negligence. The term "clinical" was adopted since it was felt to provide a clearer definition of the types of people who might be sued for negligence in connection with medical and health services, not all of whom will be doctors for example, dentists, nurses, radiographers. Copies of the protocols were published with the rules; copies are also available on the Lord Chancellor's Department website (gate.ccta.gov.uk/lcd/civil/procrules-fin/ cprocfr.htm) or can be obtained free from any county court.

Jurisdiction for start of proceedings (CPR Part 7)

18. Part 7 of the rules sets out the procedure for starting proceedings. It introduces a new restriction on cases which may be started in the High Court. The county courts retain their unlimited jurisdiction for handling contract and tort claims (civil wrongs such as personal injury claims). Issue in the High Court is limited to:

personal injury claims with a value of 50,000 or more as now;
for other claims, those with a value of more than 15,000;
claims which are required by an Act of Parliament to start in the High Court; or
claims which are intended to be in one of the High Court specialist lists, such as the Commercial or Technology and Construction Lists.

Starting proceedings -- the Part 7 claim

19. A prime aim of Lord Woolf's proposals was to remove some of the complexity of the existing system by reducing the number of different documents used to start proceedings. At the moment there are a number of different types of summonses, originating applications, writs, petitions, notices of motion. Under the new rules a majority of claims will be begun using a (Part 7) claim form. There are also Part 8 claims (see paragraphs 32 -- 33 ) and Part 20 claim forms (see flowchart 8A). The Part 7 claim form is designed for multi-purpose use, that is, to be used whether a claim is for a specified amount (replacing the term liquidated), an unspecified amount, (replacing the term unliquidated), non-monetary claims and so on. There are accompanying notes for guidance on its completion; and separate defendant's notes which explain the various steps a defendant might take when served with a claim form. A consequence of starting proceedings with a claim form is that the person issuing proceedings is known as a claimant (replacing the term plaintiff). The person being sued remains a defendant.

20. Claims for the return of goods which are subject to a hire purchase or conditional sale agreement will also be issued using a Part 7 claim form but there will be a different set of notes for defendants which reflect some modification to the general procedure. These claims will continue to be given a fixed date for hearing when the claim is issued. This will be in a separate hearing notice attached to the claim form. The defendant will not be served with an acknowledgement of service form and defendants must be given 28 days notice of the hearing rather than the present 21 days.

21. General information required in a claim form is:

the name of the court, district registry or High Court Division where proceedings are to be started;
parties' full names and addresses;
claimant's solicitor's name and address, where appropriate;
brief details of claim;
the value of the claim;
particulars of claim (but see paragraph 23 below);
a signed statement of truth; and
details of fees and any fixed costs being claimed.

Value

22. The value of a claim is the amount a claimant reasonably expects to recover. Unless the amount being claimed is a specified amount, a claimant will be expected (CPR Part 16), to state the value band into which the claim is likely to fall. The value bands reflect the values for the different tracks (see paragraphs 58 to 67). Value is calculated as the amount a claimant expects to recover, ignoring any interest, costs, contributory negligence or the fact that a defendant may make a counterclaim, or include a set-off in the defence. If a claimant is not able to put a value on the claim, the reasons for this must be given.

Particulars of claim

23. Particulars of claim, may be included in the claim form, attached to it, or may be served (that is given or sent to a party by a method allowed by the rules) separately from it. Where they are served separately they must be served within 14 days of the claim form being served. The time for a defendant to respond begins to run from the time the particulars of claim are served.

24. CPR Part 16 is entitled Statements of Case (replacing the term pleadings). Statements of case include, claim forms, particulars of claims, defences, counterclaims, replies to defences and counterclaims, Part 20 (third party) claims and any further information provided under CPR Part 18 (replacing the term further and better particulars) (CPR Part 18). Part 16 of the rules also sets out what both particulars of claim and defences should contain.

25. Particulars of claim must contain:

a concise statement of facts on which the claimant relies;
details of any interest claimed;
specific details if exemplary, provisional and aggravated damages are claimed; and
any other matter required by the practice direction to Part 16.

26. New requirements are also introduced for the content of a defence. A defence which is a simple denial is no longer acceptable and runs the risk of being struck out (deleted so that it may no longer be relied upon). A defendant must state in any defence:

which of the allegations in the particulars of claim are denied, giving reasons for doing so;
which the defendant is not able to admit or deny but which the claimant is required to prove;
which allegations are admitted; and
if the defendant disputes the claimant's statement of value, the reasons for doing so and if possible, stating an alternate value.

27. All statements of case must contain a statement of truth.

Statements of truth

28. A statement of truth is a statement that a party believes that the facts or allegations set out in a document which they put forward are true. It is required in statements of case, witness statements, and expert reports. Any document which contains a statement of truth may be used in evidence. This means, for example, that a party wishing to use information in their particulars of claim in support of an application, does not have to swear an affidavit to which they exhibit their particulars of claim. They will simply be able to indicate on their application notice (CPR Part 23), that the supporting evidence is contained in their particulars of claim. As an alternative, parties will be able to include evidence on the application notice itself. It also contains a statement of truth to support evidence given in this way.

29. Throughout the rules there are references to `written evidence' or `evidence'. Depending on the context, this can mean either an affidavit, a witness statement or some other document with a supporting statement of truth. Unless a rule or practice direction specifies which is preferred, parties are free to choose for themselves.

30. Any document with a signed statement of truth which contains false information given deliberately, that is, without an honest belief in its truth, will constitute a contempt of court by the person who provided the information. Solicitors may sign statements of truth on behalf of clients, but on the understanding that it is done with the clients' authority, and with clients knowing the consequences of any false statement will be personal to them.

Response pack

31. When a claim form is served, it will be served with a response pack. The response pack will contain, an acknowledgement of service (presently used only in High Court proceedings), a form of admission and a form of defence and counterclaim. The response pack will be served with a claim form containing the particulars of claim or which are attached to it, or, where particulars of claim are served after the claim form, with the particulars. A defendant must respond within 14 days of service of the particulars of claim. If a defendant ignores the claim, the claimant may obtain judgment for the defendant to pay the amount claimed. A defendant may:

pay the claim;
admit the claim, or partly admit it;
file an acknowledgment of service; or
file a defence.

Part 8 Claims (CPR Part 8)

32. Part 8 of the new rules introduces the alternative procedure for claims. This procedure is commenced by the issue of a Part 8 claim form. It is intended to provide a speedy resolution of claims which are not likely to involve a substantial dispute of fact, for example, applications for approval of infant settlements, or for orders enforcing a statutory right such as a right to have access to medical records (under the Access to Medical Records Act).

33. The main differences between this and the Part 7 procedure are as follows:

a hearing may be given on issue or at same later stage if required
only an acknowledgment of service is served with the claim form by way of a response document:
a defendant must file an acknowledgement of service to be able to take part in any hearing;
a defendant must serve a copy of the acknowledgement on the other parties, as well as filing it with the court;
no defence is required;
default judgment is not available to the claimant; the court must hear the case;
there are automatic directions for the exchange of evidence (in this case in the form of witness statements);
Part 8 claims are not formally allocated to a track; they are automatically multi-track cases.

Default judgment (CPR Part 12)

34. If a defendant (to a Part 7 claim) files an acknowledgement stating an intention to defend the claim, this extends the period for filing a defence from 14 to 28 days from the date of service of the particulars.

35. If the defendant does not to reply to the claim, a claimant may apply for default judgment for the amount claimed if the amount claimed is a specified amount, or on liability, if the amount claimed is unspecified, after the 14 day period from service has elapsed. But see paragraph 41 below for judgment in default on liability.

Service (CPR Part 6)

36. Where the court is to serve any document (not just claim forms), it is for the court to decide the method of service. This will generally be by first class post. The deemed date of service is reduced from 7 to 2 days after the day of posting for all defendants, including limited companies. Bailiff service of claim forms will no longer be available. Where a claim form originally served by post is returned by the Post Office, the court will send a notice of non-service to the claimant. The notice will tell the claimant that the court will not make any further attempts at service. Service, therefore, becomes a matter for claimants. The court will return the copies of the claim form, response pack, etc. for claimants to amend as necessary, and re-serve.

37. Claimants may serve claim forms, having told the court in writing that they wish to do so, either personally, by post, by FAX, by document exchange or by e-mail or other electronic means. A claimant who serves a document, must file a certificate of service within 7 days of service with a copy of the document served attached.

Admissions and part admissions

38. The ability to admit a claim for a specific amount and make an offer to pay by instalments, or at a later date, is extended to High Court cases. As now, where the claim is for a specific amount, the admission will be sent direct to the claimant. However, if a claimant objects to the rate of payment offered, there are changes which affect the determination process, that is, the process by which a member of a court's staff, or a judge, decides the rate of payment.

39. Cases involving a specific amount where the balance outstanding, including any costs, is less than 50,000 will be determined by a court officer; those where the balance is 50,000 or more, or for an unspecified amount of any value, must be determined by a Master or district judge. The Master, or judge, has the option of dealing with the determination on the papers without a hearing, or at a hearing.

40. A defendant in a claim for an unspecified amount of money (damages), will be able to make an offer of a specific sum of money in satisfaction of a claim which does not have to be supported by a payment into court. A claimant can accept the admission and rate of payment offered as if the claim had originally been for a specific amount. The determination procedure described above will apply where a claimant accepts the amount offered but not the rate of payment proposed.

41. If a claimant does not accept the amount offered, a request that judgment be entered for liability on the strength of the defendant's admission may be made to the court. In the new system this is referred to as judgment for an amount and costs to be decided by the court (replacing interlocutory judgment for damages to be assessed). Where judgment is entered in this way, the court will at the same time give case management directions for dealing with the case.

42. Where a request for such a judgment is received, the court file will be passed to a procedural judge. The judge may, allocate the case to the small claims track and give directions if it is of appropriate value, ask that the case be set down for a disposal hearing, or where the amount is likely to be heavily disputed, order a trial. Directions will be given as appropriate. A disposal hearing in these circumstances may either be a hearing at which the court gives directions, or at which the amount and costs are decided.

Defence and automatic transfer (CPR Part 15)

43. Claims for specified amounts will be transferred automatically to the defendant's `home court' where the defendant is an individual who has filed a defence. The defendant's home court will be `the court or district registry, including the RCJ, for the district in which the defendant's address for service as shown on the defence is situated'. This means that where the defendant is represented by a solicitor, this will be the defendant's solicitor's business address.

44. Where there is more than one defendant, it is the first defendant to file a defence who dictates whether or not automatic transfer will take place. For example, if there are two defendants to a claim, one an individual and one a limited company, there would be no automatic transfer if the limited company was the first defendant to file a defence.

45. Other events which may trigger automatic transfer are, an application to set judgment aside, a redetermination, rejection of a defence that the amount has already be paid, or a part admission. There will only be one automatic transfer per claim. Any further transfers will normally be the result of a judicial order. 12 Civil Justice Reforms

Defence that amount owed has been paid

46. When a defence is received stating that the amount claimed has been paid (replacing the expression states paid defence), a copy of the defence is sent to the claimant who must notify the court within 28 days of service that payment has been made or that the proceedings should continue as defended. In the latter case the claim will be treated as defended and will follow the procedures as in paragraphs 43-45 where applicable, and 48-50.

47. In the event the claimant does not reply within the 28-day period, the claim is stayed (halted) automatically. Where either party wishes to take any further action, they must first obtain an order that the stay is lifted by making an application under Part 23 of the rules.

Allocation questionnaire

48. When a defence is filed, the issuing court will send out a copy of the defence to all other parties to the claim together with an allocation questionnaire, a notice setting out the date for returning it and the name and address of the court (or district registry or the RCJ, as appropriate), to which the completed allocation questionnaire must be returned. A notice of transfer will also be sent if the case is being automatically transferred.

49. Where there is more than one defendant, allocation questionnaires will not be sent until the last defence is received, or the time for the last defendant to reply has expired. The claimant and the relevant defendant(s) will be sent a standard letter explaining why no allocation questionnaire is being sent immediately.

50. When all the allocation questionnaires are returned, or at the end of the period for returning it, and whether or not only some, or none, of the questionnaires have been filed, the court file will be passed to a procedural judge for directions and allocation to track. If there is sufficient information the judge will allocate the case to a track and a notice of allocation and directions will be sent out to each party. Where only one party has filed a questionnaire or there is insufficient information, the judge may make an order requesting further information, or order an allocation hearing. Where none of the parties has filed a questionnaire the judge may also decide to impose a sanction, for example, ordering that a statement, or statements, of case be struck out unless a completed questionnaire is filed within 3 days of service of the order.

Applications to be made when claims come before a judge

51. The overriding objective in Part 1 requires the court to deal with as many aspects of the case as possible on the same occasion. The filing of an allocation questionnaire is one such occasion. Parties should, wherever possible, issue any application they may wish to make, such as an application for summary judgment (CPR Part 24), or to add a third party (CPR Part 20), at the same time as they file their questionnaire. Any hearing set to deal with the application will also serve as an allocation hearing if allocation remains appropriate.

Summary judgment (CPR Part 24)

52. Summary judgment is available to both claimants and defendants. Where either party feels that the other does not have a valid claim or defence, they can apply to the court for the claim or defence to be struck out and for judgment to be entered in their favour. The applicant, either claimant or defendant, must prove to the court's satisfaction, that the other party has `no real prospect of success' and that `there is no other reason why the case or issue should be dealt with at trial'.

53. Application for summary judgment cannot be made without the court's permission (replacing the term leave), before an acknowledgement of service has been filed. Where an application is made by the claimant before a defendant files a defence, the defendant against whom it is made need not file a defence. If a claimant's application is unsuccessful, the court will give directions for the filing of a defence.

Allocation to track (CPR Part 26)

54. Allocation will be to one of three tracks: the small claims track, the fast track and the multi-track. Each of the tracks offers a different degree of case management. Directions (instructions about what to do to prepare the case for trial or hearing), will be proportionate to the value of the claim, its importance, complexity, and so on. Each track requires a different degree of case monitoring, that is, the more complex the claim, the more milestone events there are likely to be. Time for carrying out directions, no matter which track, may be extended or shortened by agreement between parties but must not, as a result, affect any of the milestones relevant to that track. The time for carrying out directions will be expressed as calendar dates rather than periods of days or weeks. Directions will include the court's directions concerning the use of expert evidence.

Experts (CPR Part 35)

55. New rules place a clear duty on the court to ensure that `expert evidence is restricted to that which is reasonably required to resolve the proceedings'. That is to say that expert evidence will only be allowed either by way of written report, or orally, where the court gives permission. Equally important is the rules' statement about experts' duty. They state that it is the clear duty of experts to help the court on matters within their expertise, bearing in mind that this duty overrides any obligation to the person from whom they have received instructions or by whom they are paid.

56. There will be greater emphasis in the future on using the opinion of a single expert. Experts will only be called to give oral evidence at a trial or hearing if the court gives permission. Expert's written reports must contain a statement that they understand and have complied with their duty to the court.

57. Instructions to experts will no longer be privileged and their substance, whether written or oral, must be set out in the expert's report.

The small claims track (CPR Part 27)

58. There is no longer any `automatic reference' to the small claims track. Claims are allocated to this track in exactly the same way as to the fast or multi-tracks. The concept of an `arbitration' therefore disappears and is replaced by a small claims hearing. Aspects of the existing small claims procedure which are retained, include their informality, the interventionist approach adopted by the judiciary, the limited costs regime and the limited grounds for appeal.

59. Changes to the handling of small claims are:

an increase in the jurisdiction from £3,000 to no more than £5,000 (with the exception of claims for personal injury where the damages sought must be no more than £1,000 and for housing disrepair where the claim for repairs and other work and any other claim for damages are both under £1,000);
hearings to be generally public hearings -- but subject to some exceptions -- see CPR Part 39 and paragraphs 68-69 below;
paper adjudication, if parties consent -- where a judge thinks that paper adjudication may be appropriate, parties will be asked to say whether or not they have any objections within a given time period. If a party does object, the matter will be given a hearing in the normal way.
parties need not attend the hearing -- a party not wishing to attend a hearing will be able to give the court and the other party, or parties, written notice that they will not be attending. The notice must be filed with the court 7 days before the start of the hearing. This will guarantee that the court will take into account any written evidence that party has sent to the court. A consequence of this is that the judge must give reasons for the decision reached which will be included in the judgment.
the introduction of tailored directions -- to be given for some of the most common small claims, for example, spoiled holidays, or wedding videos, road traffic accidents, building disputes.

60. Parties can consent to use the small claims track even if the value of their claim exceeds the normal value for that track, but subject to the court's approval. The limited cost regime will not apply to these claims. But costs will be limited to the costs that might have been awarded if the claim had been dealt with in the fast track. Parties will also be restricted to a maximum one day hearing.

61. The milestone events for the small claims track are the date for the return of the allocation questionnaire and the date of the hearing.

The fast track (CPR Part 28)

62. The purpose of the fast track is to provide a streamlined procedure for the handling of moderately-valued cases -- those with a value of more than 5,000 but less than 15,000 -- in a way which will ensure that the costs remain proportionate to the amount in dispute. The features of the procedure which aim to achieve this are:

standard directions for trial preparation which avoid complex procedures and multiple experts, with minimum case management intervention by the court;
a limited period between directions and the start of the trial, or trial period, of around 30 weeks;
a maximum of 1 day (5 hours) for trial;
trial period must not exceed 3 weeks and parties must be given 21 days notice of the date fixed for trial;
normally no oral expert evidence to be given at trial; and fixed costs allowed for the trial which vary depending on the level of advocate.

63. Any directions will normally include a date by which parties must file a listing questionnaire. As with allocation questionnaires, the procedural judge may impose a sanction where a listing questionnaire is not returned by the due date. Listing questionnaires will include information about witnesses, confirm the time needed for trial, parties' availability and the level of advocate (lawyer) for the trial.

64. The milestone events for the fast track are the date for the return of allocation and listing questionnaires and the date for the start of the trial, or trial period.

The multi-track (CPR Part 29)

65. The multi-track is intended to provide a flexible regime for the handling of the higher value, more complex claims. i.e. those with a value of over £15,000. This track does not provide any standard procedure such as those for small claims or claims in the fast track. Instead it offers a range of case management tools -- standard directions, case management conferences and pre trial reviews -- which can be used in a `mix and match' way -- to suit the needs of individual cases. Whichever of these is used to manage the case, the principle of setting a date for trial, or a trial period at the earliest possible time, no matter that it is some way away, will remain paramount.

67. Where a trial period is given for a multi-track case this will be one week. Parties will be told initially that their trial will begin on a day within the given week. The rules and practice direction do not set any time period for giving notice to the parties of the date fixed for trial.

Public and private hearings (CPR Part 39)

68. In the new rules, the distinction between `public' and `private' hearings is not whether a claim, or application, is heard in a court room or chambers, referred to as `the judge's room', but whether members of the public are allowed to sit in on the hearing wherever it takes place. The new provisions do not affect existing rights of audience (the right to speak at a court hearing), nor do they confer any new rights.

69. Courts are not required to make any special arrangements to accommodate members of the public, for example, if the judge's room is too small to accommodate more than those directly concerned with the claim. However, where a hearing is `public', anyone may obtain a copy of the order made upon payment of the appropriate fee.

Case management conferences

70. Case management conferences may be regarded as an opportunity to `take stock'. There is no limit to the number of case management conferences which may be held during the life of a case, although the cost of attendance at such hearings against the benefits obtained will always be a consideration in making the decision. They will be used, among other things, to consider:

giving directions, including a specific date for the return of a listing questionnaire;
whether the claim, or defence, are sufficiently clear for the other party to understand the claim they have to meet;
whether any amendments should be made to statements of case;
what documents, if any each party needs to show the other;
what factual evidence should be given;
what expert evidence should be sought and how it should be sought and disclosed; and
whether it would save costs to order a separate trial of one or more issues.

Pre trial reviews

71. Pre trial reviews will normally take place after the filing of listing questionnaires, and before the start of the trial. Their main purpose is to decide a timetable for the trial itself, including the evidence to be allowed and whether this should be given orally, instructions about the content of any trial bundles (bundles of documents including evidence such as written statements, for the judge to read) and confirming a realistic time estimate for the trial itself.

72. Rules require that where a party is represented, a representative `familiar with the case and with sufficient authority to deal with any issues likely to arise must attend every case management conference or pre trial review'.

Court fees

73. A new fee structure will be introduced to take account of the different procedures, a movement towards a `pay as you go' fees regime and the need for full cost recovery. Pay as you go, means that parties will be expected to contribute more in fees, the more court and judicial time they use, for example, if they do not settle and carry on to trial.

74. Courts will be pro-active in collecting fees, in particular those which are payable at allocation and listing stages, but without interrupting a case's progress. There will be sanctions for non- payment of allocation and listing questionnaire fees which could lead to a party's statement of case being struck out.

Costs
Fixed costs (CPR Part 45)

75. There are new rates for the fixed costs allowed on issue of a claim and on entry of judgment where a party is represented by a solicitor.
Assessment (CPR Part 47)

76. The terms taxed costs and taxation become redundant and are replaced by assessment. Costs will either be assessed summarily, that is, there and then, or there will be a detailed assessment at some later stage where one party has been ordered to pay another's costs.

Summary Assessment

77. Judges will normally summarily assess costs at the end of hearings, both interlocutory and final, and particularly at the end of fast track trials. Parties will be expected to bring any necessary documentation to the hearing for this purpose. In this way the need for detailed assessment of costs is avoided so far as possible.

Detailed Assessment

78. The procedure for detailed assessment is also changed so that a judge is only involved in the process where specific items have been identified as being in dispute. Except for legal aid bills, the practice of provisionally taxing (assessing) bills is abandoned.

79. The receiving party (the party whose costs are to be paid) serves a copy of the bill on the paying party with a notice of commencement of assessment. The paying party has 21 days to serve details of any points of dispute. If none are raised, the court can issue at the request of the receiving party a default costs certificate ordering payment of the amount of the bill as drawn.

80. If points of dispute are served, the receiving party requests a detailed assessment hearing. At the hearing only the disputed items may be raised, unless the court gives permission to the contrary. A final costs certificate is issued by the court following the hearing.

Transitional Arrangements (CPR Part 51)

81. The general principles applied in relation to the transitional arrangements are that existing cases should be brought into the new regimes as soon as possible. Broadly, undefended cases will continue under the old rules, e.g. default judgments, judgments on admission; defended cases will be subject to the new rules, e.g. on filing a defence on an existing case after 26 April, allocation questionnaires will be sent out.

82. Any existing case which does not come to the court's attention during the 12-month period following the 26 April 1999, will be stayed automatically.

83. Details of how existing cases are to be handled after 26 April, according to the particular stage they may have reached, are set out in a practice direction attached to CPR Part 51.

History of the reforms
1.	The Civil Justice Reforms flow from recommendations made by Lord Woolf following his review of Civil Justice. The results of his review were published in a final report entitled Access to Justice, in June 1996.
2.	The report highlighted Lord Woolf's findings that the civil justice system was too slow, too costly and too complex. This deterred people from using the courts, and, for those who did, the process was uncertain both as to how long the case would take to reach a conclusion and as to the eventual cost. Research into costs revealed that final costs, particularly to achieve an award of moderate value, were often disproportionate. For example, the costs might represent two or three times the amount of the award. This led Lord Woolf to comment that there appeared no alternative but to bring about a fundamental change which would take responsibility for case progress out of the hands of the parties and make it a prime function of the court. Judicial case management lies at the heart of the reforms.
3.	Since publication of Lord Woolf's report, a number of public consultation papers have been issued, seeking views on various policy proposals, and the Civil Procedure Act has been given Royal Assent. It is the Act which provides the authority for a single Civil Procedure Rule Committee which replaces the current Supreme Court and County Court Rule Committees. It is the Civil Procedure Rule Committee which approved the new rules. These are unified rules applying to both the High Court and county courts, ensuring that so far as it is possible, they operate the same procedures using the same forms.

The role of practice directions
6.	As well as having much closer links to individual Parts of the rules, practice directions have other roles. They tell parties and their representatives what the court will expect of them, both in respect of documents to be filed in court for a particular purpose, and as to behaviour in complying with directions and co-operating with other parties to their claims. They also tell parties what they can expect of the court. For example, what sanction the court is likely to impose if a particular court request, or order, such as a request to complete an allocation questionnaire, is not complied with.
7.	Almost every Part of the new rules has a corresponding practice direction. These have been published with the rules. They supersede all existing practice directions, both local and national. Practice directions are approved by the Vice Chancellor (the Head of Civil Justice), under the authority delegated to him by the Lord Chancellor.

Forms
8.	Both the rules and the practice directions refer to forms. Copies of new or amended forms required to operate the system have been published with the rules and practice directions. They are also available on the Court Service website (www.courtservice.gov.uk). Copies of new forms for completion by parties to proceedings will be available from courts from mid-April 1999.

Case monitoring
10.	Judges will receive support from court staff in carrying out their case management role. Court staff will be responsible for case monitoring. This involves the use of a computerised diary monitoring system which they will use to: record certain requests, or orders, made by the court; identify the particular case, or cases, to which they refer and the dates by which a response should be made; and check on the due date whether or not the request or order has been complied with.
11.	Whether or not there has been compliance, court staff will pass relevant files to a procedural judge, who will usually be, in the Royal Courts of Justice, a Master, or in a county court or district registry, a district judge. It will be a matter for the Master or district judge to decide on the necessary action, including whether it is appropriate to impose a sanction if one or both parties have not complied with a request or order.
12.	It is not the intention that court staff should monitor, for example, every element of any directions given for preparation of a claim for trial. Monitoring will be restricted to "milestone" events, that is, those that have a particular significance in the management of a case such as the filing of allocation and listing questionnaires, case management hearing and trial dates (see paragraphs 58 to 67).

Pre action protocols
16.	Pre action protocols are sets of best practice guidance about steps which should be taken by parties, or their legal advisers, before proceedings are issued. Their purpose is to achieve early identification of the issues and evidence, leading to more informed and earlier settlements, without the need to start court proceedings. If settlement cannot be reached, they ensure that parties are still in a much better state of knowledge and readiness to cope with court-imposed timetables when proceedings are issued. Although there will only be two, specific pre action protocols available for 26 April, the practice direction relating to protocols makes it clear that courts will generally expect parties to have entered into the spirit of protocols by exchanging information and generally trying to settle matters before proceedings are begun, no matter what type of claim. It is hoped that, over time, more protocols will be introduced covering other types of business.
17.	The two pre action protocols which the Vice Chancellor has approved relate to personal injury claims and clinical (replacing the term medical), negligence. The term "clinical" was adopted since it was felt to provide a clearer definition of the types of people who might be sued for negligence in connection with medical and health services, not all of whom will be doctors for example, dentists, nurses, radiographers. Copies of the protocols were published with the rules; copies are also available on the Lord Chancellor's Department website (gate.ccta.gov.uk/lcd/civil/procrules-fin/ cprocfr.htm) or can be obtained free from any county court.

Starting proceedings -- the Part 7 claim
19.	A prime aim of Lord Woolf's proposals was to remove some of the complexity of the existing system by reducing the number of different documents used to start proceedings. At the moment there are a number of different types of summonses, originating applications, writs, petitions, notices of motion. Under the new rules a majority of claims will be begun using a (Part 7) claim form. There are also Part 8 claims (see paragraphs 32 -- 33 ) and Part 20 claim forms (see flowchart 8A). The Part 7 claim form is designed for multi-purpose use, that is, to be used whether a claim is for a specified amount (replacing the term liquidated), an unspecified amount, (replacing the term unliquidated), non-monetary claims and so on. There are accompanying notes for guidance on its completion; and separate defendant's notes which explain the various steps a defendant might take when served with a claim form. A consequence of starting proceedings with a claim form is that the person issuing proceedings is known as a claimant (replacing the term plaintiff). The person being sued remains a defendant.
20.	Claims for the return of goods which are subject to a hire purchase or conditional sale agreement will also be issued using a Part 7 claim form but there will be a different set of notes for defendants which reflect some modification to the general procedure. These claims will continue to be given a fixed date for hearing when the claim is issued. This will be in a separate hearing notice attached to the claim form. The defendant will not be served with an acknowledgement of service form and defendants must be given 28 days notice of the hearing rather than the present 21 days.
21.	General information required in a claim form is: the name of the court, district registry or High Court Division where proceedings are to be started; parties' full names and addresses; claimant's solicitor's name and address, where appropriate; brief details of claim; the value of the claim; particulars of claim (but see paragraph 23 below); a signed statement of truth; and details of fees and any fixed costs being claimed.

Particulars of claim
23.	Particulars of claim, may be included in the claim form, attached to it, or may be served (that is given or sent to a party by a method allowed by the rules) separately from it. Where they are served separately they must be served within 14 days of the claim form being served. The time for a defendant to respond begins to run from the time the particulars of claim are served.
24.	CPR Part 16 is entitled Statements of Case (replacing the term pleadings). Statements of case include, claim forms, particulars of claims, defences, counterclaims, replies to defences and counterclaims, Part 20 (third party) claims and any further information provided under CPR Part 18 (replacing the term further and better particulars) (CPR Part 18). Part 16 of the rules also sets out what both particulars of claim and defences should contain.
25.	Particulars of claim must contain: a concise statement of facts on which the claimant relies; details of any interest claimed; specific details if exemplary, provisional and aggravated damages are claimed; and any other matter required by the practice direction to Part 16.
26.	New requirements are also introduced for the content of a defence. A defence which is a simple denial is no longer acceptable and runs the risk of being struck out (deleted so that it may no longer be relied upon). A defendant must state in any defence: which of the allegations in the particulars of claim are denied, giving reasons for doing so; which the defendant is not able to admit or deny but which the claimant is required to prove; which allegations are admitted; and if the defendant disputes the claimant's statement of value, the reasons for doing so and if possible, stating an alternate value.
27.	All statements of case must contain a statement of truth.

Statements of truth
28.	A statement of truth is a statement that a party believes that the facts or allegations set out in a document which they put forward are true. It is required in statements of case, witness statements, and expert reports. Any document which contains a statement of truth may be used in evidence. This means, for example, that a party wishing to use information in their particulars of claim in support of an application, does not have to swear an affidavit to which they exhibit their particulars of claim. They will simply be able to indicate on their application notice (CPR Part 23), that the supporting evidence is contained in their particulars of claim. As an alternative, parties will be able to include evidence on the application notice itself. It also contains a statement of truth to support evidence given in this way.
29.	Throughout the rules there are references to `written evidence' or `evidence'. Depending on the context, this can mean either an affidavit, a witness statement or some other document with a supporting statement of truth. Unless a rule or practice direction specifies which is preferred, parties are free to choose for themselves.
30.	Any document with a signed statement of truth which contains false information given deliberately, that is, without an honest belief in its truth, will constitute a contempt of court by the person who provided the information. Solicitors may sign statements of truth on behalf of clients, but on the understanding that it is done with the clients' authority, and with clients knowing the consequences of any false statement will be personal to them.

Default judgment (CPR Part 12)
34.	If a defendant (to a Part 7 claim) files an acknowledgement stating an intention to defend the claim, this extends the period for filing a defence from 14 to 28 days from the date of service of the particulars.
35.	If the defendant does not to reply to the claim, a claimant may apply for default judgment for the amount claimed if the amount claimed is a specified amount, or on liability, if the amount claimed is unspecified, after the 14 day period from service has elapsed. But see paragraph 41 below for judgment in default on liability.

Service (CPR Part 6)
36.	Where the court is to serve any document (not just claim forms), it is for the court to decide the method of service. This will generally be by first class post. The deemed date of service is reduced from 7 to 2 days after the day of posting for all defendants, including limited companies. Bailiff service of claim forms will no longer be available. Where a claim form originally served by post is returned by the Post Office, the court will send a notice of non-service to the claimant. The notice will tell the claimant that the court will not make any further attempts at service. Service, therefore, becomes a matter for claimants. The court will return the copies of the claim form, response pack, etc. for claimants to amend as necessary, and re-serve.
37.	Claimants may serve claim forms, having told the court in writing that they wish to do so, either personally, by post, by FAX, by document exchange or by e-mail or other electronic means. A claimant who serves a document, must file a certificate of service within 7 days of service with a copy of the document served attached.

Admissions and part admissions
38.	The ability to admit a claim for a specific amount and make an offer to pay by instalments, or at a later date, is extended to High Court cases. As now, where the claim is for a specific amount, the admission will be sent direct to the claimant. However, if a claimant objects to the rate of payment offered, there are changes which affect the determination process, that is, the process by which a member of a court's staff, or a judge, decides the rate of payment.
39.	Cases involving a specific amount where the balance outstanding, including any costs, is less than 50,000 will be determined by a court officer; those where the balance is 50,000 or more, or for an unspecified amount of any value, must be determined by a Master or district judge. The Master, or judge, has the option of dealing with the determination on the papers without a hearing, or at a hearing.
40.	A defendant in a claim for an unspecified amount of money (damages), will be able to make an offer of a specific sum of money in satisfaction of a claim which does not have to be supported by a payment into court. A claimant can accept the admission and rate of payment offered as if the claim had originally been for a specific amount. The determination procedure described above will apply where a claimant accepts the amount offered but not the rate of payment proposed.
41.	If a claimant does not accept the amount offered, a request that judgment be entered for liability on the strength of the defendant's admission may be made to the court. In the new system this is referred to as judgment for an amount and costs to be decided by the court (replacing interlocutory judgment for damages to be assessed). Where judgment is entered in this way, the court will at the same time give case management directions for dealing with the case.
42.	Where a request for such a judgment is received, the court file will be passed to a procedural judge. The judge may, allocate the case to the small claims track and give directions if it is of appropriate value, ask that the case be set down for a disposal hearing, or where the amount is likely to be heavily disputed, order a trial. Directions will be given as appropriate. A disposal hearing in these circumstances may either be a hearing at which the court gives directions, or at which the amount and costs are decided.

Defence and automatic transfer (CPR Part 15)
43.	Claims for specified amounts will be transferred automatically to the defendant's `home court' where the defendant is an individual who has filed a defence. The defendant's home court will be `the court or district registry, including the RCJ, for the district in which the defendant's address for service as shown on the defence is situated'. This means that where the defendant is represented by a solicitor, this will be the defendant's solicitor's business address.
44.	Where there is more than one defendant, it is the first defendant to file a defence who dictates whether or not automatic transfer will take place. For example, if there are two defendants to a claim, one an individual and one a limited company, there would be no automatic transfer if the limited company was the first defendant to file a defence.
45.	Other events which may trigger automatic transfer are, an application to set judgment aside, a redetermination, rejection of a defence that the amount has already be paid, or a part admission. There will only be one automatic transfer per claim. Any further transfers will normally be the result of a judicial order. 12 Civil Justice Reforms

Defence that amount owed has been paid
46.	When a defence is received stating that the amount claimed has been paid (replacing the expression states paid defence), a copy of the defence is sent to the claimant who must notify the court within 28 days of service that payment has been made or that the proceedings should continue as defended. In the latter case the claim will be treated as defended and will follow the procedures as in paragraphs 43-45 where applicable, and 48-50.
47.	In the event the claimant does not reply within the 28-day period, the claim is stayed (halted) automatically. Where either party wishes to take any further action, they must first obtain an order that the stay is lifted by making an application under Part 23 of the rules.

Allocation questionnaire
48.	When a defence is filed, the issuing court will send out a copy of the defence to all other parties to the claim together with an allocation questionnaire, a notice setting out the date for returning it and the name and address of the court (or district registry or the RCJ, as appropriate), to which the completed allocation questionnaire must be returned. A notice of transfer will also be sent if the case is being automatically transferred.
49.	Where there is more than one defendant, allocation questionnaires will not be sent until the last defence is received, or the time for the last defendant to reply has expired. The claimant and the relevant defendant(s) will be sent a standard letter explaining why no allocation questionnaire is being sent immediately.
50.	When all the allocation questionnaires are returned, or at the end of the period for returning it, and whether or not only some, or none, of the questionnaires have been filed, the court file will be passed to a procedural judge for directions and allocation to track. If there is sufficient information the judge will allocate the case to a track and a notice of allocation and directions will be sent out to each party. Where only one party has filed a questionnaire or there is insufficient information, the judge may make an order requesting further information, or order an allocation hearing. Where none of the parties has filed a questionnaire the judge may also decide to impose a sanction, for example, ordering that a statement, or statements, of case be struck out unless a completed questionnaire is filed within 3 days of service of the order.

Summary judgment (CPR Part 24)
52.	Summary judgment is available to both claimants and defendants. Where either party feels that the other does not have a valid claim or defence, they can apply to the court for the claim or defence to be struck out and for judgment to be entered in their favour. The applicant, either claimant or defendant, must prove to the court's satisfaction, that the other party has `no real prospect of success' and that `there is no other reason why the case or issue should be dealt with at trial'.
53.	Application for summary judgment cannot be made without the court's permission (replacing the term leave), before an acknowledgement of service has been filed. Where an application is made by the claimant before a defendant files a defence, the defendant against whom it is made need not file a defence. If a claimant's application is unsuccessful, the court will give directions for the filing of a defence.

Experts (CPR Part 35)
55.	New rules place a clear duty on the court to ensure that `expert evidence is restricted to that which is reasonably required to resolve the proceedings'. That is to say that expert evidence will only be allowed either by way of written report, or orally, where the court gives permission. Equally important is the rules' statement about experts' duty. They state that it is the clear duty of experts to help the court on matters within their expertise, bearing in mind that this duty overrides any obligation to the person from whom they have received instructions or by whom they are paid.
56.	There will be greater emphasis in the future on using the opinion of a single expert. Experts will only be called to give oral evidence at a trial or hearing if the court gives permission. Expert's written reports must contain a statement that they understand and have complied with their duty to the court.
57.	Instructions to experts will no longer be privileged and their substance, whether written or oral, must be set out in the expert's report.

The small claims track (CPR Part 27)
58.	There is no longer any `automatic reference' to the small claims track. Claims are allocated to this track in exactly the same way as to the fast or multi-tracks. The concept of an `arbitration' therefore disappears and is replaced by a small claims hearing. Aspects of the existing small claims procedure which are retained, include their informality, the interventionist approach adopted by the judiciary, the limited costs regime and the limited grounds for appeal.
59.	Changes to the handling of small claims are: an increase in the jurisdiction from £3,000 to no more than £5,000 (with the exception of claims for personal injury where the damages sought must be no more than £1,000 and for housing disrepair where the claim for repairs and other work and any other claim for damages are both under £1,000); hearings to be generally public hearings -- but subject to some exceptions -- see CPR Part 39 and paragraphs 68-69 below; paper adjudication, if parties consent -- where a judge thinks that paper adjudication may be appropriate, parties will be asked to say whether or not they have any objections within a given time period. If a party does object, the matter will be given a hearing in the normal way. parties need not attend the hearing -- a party not wishing to attend a hearing will be able to give the court and the other party, or parties, written notice that they will not be attending. The notice must be filed with the court 7 days before the start of the hearing. This will guarantee that the court will take into account any written evidence that party has sent to the court. A consequence of this is that the judge must give reasons for the decision reached which will be included in the judgment. the introduction of tailored directions -- to be given for some of the most common small claims, for example, spoiled holidays, or wedding videos, road traffic accidents, building disputes.
60.	Parties can consent to use the small claims track even if the value of their claim exceeds the normal value for that track, but subject to the court's approval. The limited cost regime will not apply to these claims. But costs will be limited to the costs that might have been awarded if the claim had been dealt with in the fast track. Parties will also be restricted to a maximum one day hearing.
61.	The milestone events for the small claims track are the date for the return of the allocation questionnaire and the date of the hearing.

The fast track (CPR Part 28)
62.	The purpose of the fast track is to provide a streamlined procedure for the handling of moderately-valued cases -- those with a value of more than 5,000 but less than 15,000 -- in a way which will ensure that the costs remain proportionate to the amount in dispute. The features of the procedure which aim to achieve this are: standard directions for trial preparation which avoid complex procedures and multiple experts, with minimum case management intervention by the court; a limited period between directions and the start of the trial, or trial period, of around 30 weeks; a maximum of 1 day (5 hours) for trial; trial period must not exceed 3 weeks and parties must be given 21 days notice of the date fixed for trial; normally no oral expert evidence to be given at trial; and fixed costs allowed for the trial which vary depending on the level of advocate.
63.	Any directions will normally include a date by which parties must file a listing questionnaire. As with allocation questionnaires, the procedural judge may impose a sanction where a listing questionnaire is not returned by the due date. Listing questionnaires will include information about witnesses, confirm the time needed for trial, parties' availability and the level of advocate (lawyer) for the trial.
64.	The milestone events for the fast track are the date for the return of allocation and listing questionnaires and the date for the start of the trial, or trial period.

The multi-track (CPR Part 29)
65.	The multi-track is intended to provide a flexible regime for the handling of the higher value, more complex claims. i.e. those with a value of over £15,000. This track does not provide any standard procedure such as those for small claims or claims in the fast track. Instead it offers a range of case management tools -- standard directions, case management conferences and pre trial reviews -- which can be used in a `mix and match' way -- to suit the needs of individual cases. Whichever of these is used to manage the case, the principle of setting a date for trial, or a trial period at the earliest possible time, no matter that it is some way away, will remain paramount.
67.	Where a trial period is given for a multi-track case this will be one week. Parties will be told initially that their trial will begin on a day within the given week. The rules and practice direction do not set any time period for giving notice to the parties of the date fixed for trial.

Pre trial reviews
71.	Pre trial reviews will normally take place after the filing of listing questionnaires, and before the start of the trial. Their main purpose is to decide a timetable for the trial itself, including the evidence to be allowed and whether this should be given orally, instructions about the content of any trial bundles (bundles of documents including evidence such as written statements, for the judge to read) and confirming a realistic time estimate for the trial itself.
72.	Rules require that where a party is represented, a representative `familiar with the case and with sufficient authority to deal with any issues likely to arise must attend every case management conference or pre trial review'.

A Court User's Guide to the Civil Justice Reforms

Contents

Part 1 -- The Overview

Summary Assessment
77.	Judges will normally summarily assess costs at the end of hearings, both interlocutory and final, and particularly at the end of fast track trials. Parties will be expected to bring any necessary documentation to the hearing for this purpose. In this way the need for detailed assessment of costs is avoided so far as possible.

Detailed Assessment
78.	The procedure for detailed assessment is also changed so that a judge is only involved in the process where specific items have been identified as being in dispute. Except for legal aid bills, the practice of provisionally taxing (assessing) bills is abandoned.
79.	The receiving party (the party whose costs are to be paid) serves a copy of the bill on the paying party with a notice of commencement of assessment. The paying party has 21 days to serve details of any points of dispute. If none are raised, the court can issue at the request of the receiving party a default costs certificate ordering payment of the amount of the bill as drawn.
80.	If points of dispute are served, the receiving party requests a detailed assessment hearing. At the hearing only the disputed items may be raised, unless the court gives permission to the contrary. A final costs certificate is issued by the court following the hearing.

Transitional Arrangements (CPR Part 51)
81.	The general principles applied in relation to the transitional arrangements are that existing cases should be brought into the new regimes as soon as possible. Broadly, undefended cases will continue under the old rules, e.g. default judgments, judgments on admission; defended cases will be subject to the new rules, e.g. on filing a defence on an existing case after 26 April, allocation questionnaires will be sent out.
82.	Any existing case which does not come to the court's attention during the 12-month period following the 26 April 1999, will be stayed automatically.
83.	Details of how existing cases are to be handled after 26 April, according to the particular stage they may have reached, are set out in a practice direction attached to CPR Part 51.