Additional draft case management directions

Published date21 March 2018
Subject MatterChancery forms
DRAFT ORDERS FOR USE ON ALLOCATION OR AT CASE MANAGEMENT CONFERENCES

ADDITIONAL DRAFT CASE MANAGEMENT DIRECTIONS (Amended February 2017) CH 2

(The most usual case management directions are available in form CH 1).

MULTI-TRACK CLAIMS

Claim No.

IT IS ORDERED THAT

Transfer of claims, including transfer from Part 8

() The claim be transferred to:

(a) the Division of the High Court;

(b) the District Registry;

(c) the County Court at [Central London] (Chancery List).

() The issue(s) (define issue(s)) be transferred

to (one of (a) to (c) above) for determination.

() The claim be transferred to the Technology and Construction Court [or other Specialist List] by (date) subject to the consent of the Chancellor and the approval of the Judge of the Technology and Construction Court [or other Specialist List].

() The claim (title and claim number) commenced in [the County Court][the District Registry] at , be transferred from that court to the Chancery Division of the High Court.

If the proposed trial venue is not in London,

() The claim be transferred, subject to the approval of [the Judge in charge of the region] to: (Master to state transfer arrangements as appropriate].

Note: the claim must be transferred to the trial venue not less than 28 days before the trial)

() This claim shall continue as if commenced under Part 7 and shall be allocated to the multi-track.

Probate cases only

() The [party] file [his][her] witness statement or affidavit of testamentary scripts and lodge any testamentary script at Chancery Chambers, Case Management Section, The Rolls Building, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL [ District Registry] by (date).

Case summary

() [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.

All directions agreed.

[If the parties have sent in a full list of agreed directions which are satisfactory, use this paragraph. A case management conference may then not be required]:

() The parties having agreed directions it is by consent ordered:-

Some directions agreed

[If the parties have agreed some directions which are satisfactory, use this paragraph]:

() The parties having agreed the following directions it is by consent ordered:

Case management conference etc.

() There be a [further] case management conference before the Master in Hearing Room…First Floor, The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL

on (date) at o’clock (of hours/minutes duration).

() 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).

() 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).

Where budgets have been filed and exchanged but have not been agreed in whole or in part, the Master is likely to make an order based on the following directions:

() There be a [Case and] Costs Management Conference before the Master in Hearing Room…First Floor, The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL

on (date) at o’clock (of hours/minutes duration).

() At least 5 working days before the [Case and] Costs Management Conference the Claimant must file with the Court, and send copies to all other parties, the following documents:

(a) a case summary and list of issues,

(b) a one page summary of Precedent H of all parties’ budgets to enable the Court to undertake comparison of the budgets, in the form set out below*

() (Set out any other proposed directions with regard to budgets)

() There be a Case [and Costs] Management Conference before the Master in Hearing Room…First Floor, The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL

*Form of summary of Precedent H

PHASE

CLAIMANT

1ST DEF

2ND DEF

3RD DEF

TOTAL

Pre-action

Issues/statements of case

CMC

Disclosure

Witness Statements

Experts’ reports

PTR

Trial preparation

Trial

ADR

...

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