See also Practice Direction
29
Part
29
THE MULTI-TRACK
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Scope of this Part
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29.1 |
This Part contains general provisions about management
of cases allocated to the multi-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 28 sets out the procedure for claims allocated to
the fast track)
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Case management
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29.2 |
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When it allocates a case to the multi-track, the court
will –
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give directions for the management of the case
and set a timetable for the steps to be taken between the giving of directions
and the trial; or
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fix –
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a case management conference; or
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or both, and give such other directions relating
to the management of the case as it sees fit.
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The court will fix the trial date or the period in
which the trial is to take place as soon as practicable.
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When the court fixes the trial date or the trial period
under paragraph (2), it will –
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give notice to the parties of the date or period;
and
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specify the date by which the parties must file a
pre-trial check list.
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| Rule 29.2(3)(b) amended w/e from 2 December 2002. |
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Case management conference and pre-trial
review
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29.3 |
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The court may fix –
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a case management conference; or
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a pre-trial review, at any time after the claim
has been allocated.
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If a party has a legal representative, a representative
–
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familiar with the case; and
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with sufficient authority to deal with any issues
that are likely to arise, must attend case management conferences and pre-trial
reviews.
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(Rule 3.1(2)(c) provides that the court may require a
party to attend the court)
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Steps taken by the parties
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29.4 |
If –
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the parties agree proposals for the management of
the proceedings (including a proposed trial date or period in which the trial
is to take place); and
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the court considers that the proposals are
suitable,
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it may approve them without a hearing and give
directions in the terms proposed.
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Variation of case management timetable
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29.5 |
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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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a case management conference;
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the return of a pre-trial
check list under rule
29.6;
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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 29.5(1)(c) amended w/e from 2 December 2002,
Rule 29.5(1)(c) amended w/e from 2 December 2002. |
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Pre-trial check list (listing
questionnaire)
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29.6 |
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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
directions given under rule 29.2(3) unless it considers that the claim can
proceed to trial without the need for a pre-trial check list.
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Each party must file the completed pre-trial check list
by the date specified by the court.
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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,
the court may
give such directions as it thinks appropriate.
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New Rule 29.6(4) added. w/e from 1 October 2005,
Rule 29.6 amended wording w/e from 2 December 2002,
Text of Rule 29.6(3) w/e from 1 October 2005. |
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Pre-trial review
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29.7 |
If, on receipt of the parties’
pre-trial check lists,
the court decides –
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to hold a pre-trial review; or
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to cancel a pre-trial review which has already
been fixed,
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it will serve notice of its decision at least 7 days
before the date fixed for the hearing or, as the case may be, the cancelled
hearing.
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Setting a trial timetable and fixing or confirming the
trial date or week
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29.8 |
As soon as practicable after –
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each party has filed a completed pre-trial
check list;
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the court has held a listing hearing under rule
29.6(3); or
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the court has held a pre-trial review under rule
29.7,
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the court will –
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set a timetable for the trial unless a
timetable has already been fixed, or the court considers that it would be
inappropriate to do so;
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fix the date for the trial or the week
within which the trial is to begin (or, if it has already done so, confirm that
date); and
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notify the parties of the trial timetable
(where one is fixed under this rule) and the date or trial period.
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| Rule 29.8(a) amended w/e from 2 December 2002. |
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Conduct of trial
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29.9 |
Unless the trial judge otherwise directs, the trial
will be conducted in accordance with any order previously made.
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