See also Practice Direction
28
Part
28
THE FAST TRACK
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Scope of this Part
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28.1 |
This Part contains general provisions about management
of cases allocated to the fast track and applies only to cases allocated to
that track.
(Part 27 sets out the procedure for claims allocated to
the small claims track)
(Part 29 sets out the procedure for claims allocated to
the multi-track)
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General provisions
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28.2 |
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When it allocates a case to the fast track, the court
will give directions for the management of the case and set a timetable for the
steps to be taken between the giving of the directions and the trial.
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When it gives directions, the court will –
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fix the trial date; or
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fix a period, not exceeding 3 weeks, within which
the trial is to take place.
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The trial date or trial period will be specified in the
notice of allocation.
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The standard period between the giving of directions
and the trial will be not more than 30 weeks.
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The court’s power to award trial costs is limited
in accordance with Part 46.
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Directions
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28.3 |
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The matters to be dealt with by directions under rule
28.2(1) include –
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disclosure of documents;
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service of witness statements; and
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If the court decides not to direct standard disclosure,
it may –
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direct that no disclosure take place; or
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specify the documents or the classes of documents
which the parties must disclose.
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(Rule 31.6 explains what is meant by standard
disclosure)
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(Rule 26.6(5) deals with limitations in relation to expert
evidence and the likely length of trial in fast track cases)
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Variation of case management timetable
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28.4 |
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A party must apply to the court if he wishes to vary
the date which the court has fixed for –
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the return of a pre-trial
check list under rule
28.5;
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Any date set by the court or these Rules for doing any
act may not be varied by the parties if the variation would make it necessary
to vary any of the dates mentioned in paragraph (1).
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(Rule 2.11 allows the parties to vary a date by written
agreement except where the rules provide otherwise or the court orders
otherwise)
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Rule 28.4(1)(a) amended w/e from 2 December 2002,
Rule 28.6(1) amended w/e from 2 December 2002. |
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Pre-trial check list (listing
questionnaire)
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28.5 |
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The court will send the parties a pre-trial check list
(listing questionnaire) for completion and return by the date specified in the
notice of allocation unless it considers that the claim can proceed to trial
without the need for a pre-trial check list.
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The date specified for filing a pre-trial check list
will not be more than 8 weeks before the trial date or the beginning of the
trial period.
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If no party files the completed pre-trial checklist by
the date specified, the court will order that unless a completed pre-trial
checklist is filed within 7 days from service of that order, the claim, defence
and any counterclaim will be struck out without further order of the
court.
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If –
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a party files a completed
pre-trial checklist but another party does not;
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a party has failed to give all
the information requested by the pre-trial checklist; or
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the court considers that a
hearing is necessary to enable it to decide what directions to give in order to
complete preparation of the case for trial,
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the court may give such directions as it
thinks appropriate.
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New Rule 28.5(4) added w/e from 1 October 2005,
New text substituted for Rule 28.5(3) w/e from 1 October 2005. |
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Fixing or confirming the trial date and giving
directions
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28.6 |
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As soon as practicable after the date specified for
filing a completed pre-trial
check list the court will
–
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fix the date for the trial (or, if it has already
done so, confirm that date);
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give any directions for the trial, including a
trial timetable, which it considers appropriate; and
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specify any further steps that need to be taken
before trial.
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The court will give the parties at least 3 weeks’
notice of the date of the trial unless, in exceptional circumstances, the court
directs that shorter notice will be given.
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Conduct of trial
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28.7 |
Unless the trial judge otherwise directs, the trial
will be conducted in accordance with any order previously made.
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