Draft Chancery case management directions
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
DRAFT CHANCERY CASE MANAGEMENT DIRECTIONS CH 1 (Amended June 2017)
This form is suitable for the most usual case management directions. Additional directions, less commonly used, are available in form CH 2
|
Claim No. |
NOTE: the court will not normally be able to make case management directions based upon an agreed order unless all costs budgets are agreed or the claim is outside the scope of costs management.
IT IS ORDERED that
Allocation
(a) Allocation to Multi-Track
- The claim is allocated to the multi-track
and
(b) Allocation to Management Track
- The claim is allocated to the following management track
[Case management by Master and trial by Judge.]
[Case management and trial by Judge (full docketing).]
[Case management and trial by Master.]
[Case Management by Judge and Master and trial by Judge.]
Alternative dispute resolution
- The claim is stayed until (1 month) for the parties to try to settle the dispute by alternative dispute resolution or other means. The parties shall notify the court in writing at the end of that period whether settlement has been reached.
- The parties shall at the same time lodge either:
(1) if a settlement has been reached, a draft consent order signed by all parties; or
(2) if no settlement has been reached,
(i) a statement of agreed directions signed by all parties, or, if directions are not agreed, the parties’ respective proposed directions;
(ii) lists of issues (agreed, if possible);
(iii) disclosure reports; and
(iv) costs budgets.
- The parties may agree to extend the stay for the purpose granted for periods of up to 3 months from the date of this order without reference to the court, and shall notify the court in writing of the expiry date of any such extension. Any request for a further extension after 3 months must be referred to the court.
- Any party has permission to apply in relation to the extension.
Trial date
Where the trial is before a Judge
[To be completed by the parties only where (i) it is proposed that the trial will be before a Judge in the High Court in London and (ii) the parties are confident about the trial time estimate and therefore the appropriate trial window. The listing category is always a matter for the court but the parties may include a proposal.
- The trial of the claim/issue(s) take place between [date] and [date] (“the trial window”).
[Trial date windows are available on https://www.gov.uk/guidance/trial-date-windows-for-chancery-division]
- The [party] shall make an appointment to attend on the Listing Officer (The Rolls Building, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL; Tel. 020 7947 6690; email rcjchancery.judgeslisting@hmcts.gsi.gov.uk) to fix a trial date within the trial window, such appointment to be not later than [date] and give notice of the appointment to all other parties and (where the trial is estimated to last more than 5 days) to fix a date for a Pre-Trial Review on a date approximately 4 weeks before the trial, with a time estimate of half a day. (Where the trial is expected to last more than 9 days) [The Pre-Trial review shall if possible be held in front of the Judge who will be conducting the trial.] At the Pre-Trial Review, the court will not hear other applications unless it has proved impracticable for them to have been heard previously.
- The Claim be entered in the [Trial List][General List], with a listing category of [A][B][C], with a time estimate of days/weeks, to include [ ] day(s)/hours] judge's pre-reading time and [where appropriate] an interval between close of evidence and final submissions of [ day(s)] [or if (state basis of variable ), then days/weeks]
- The trial shall take place in London.
[If the Master wishes the time estimate to be reviewed at a later date]
- The Claimant shall by [a date normally within 4 weeks of exchange of witness statements, but variable depending on the timetable], having consulted the other parties, notify the Listing Officer whether the time estimate should be varied.
Where the trial is before a Master
[To be completed by the parties where it is proposed that the trial will be before a Master in the High Court in London.]
- The trial of the claim, with a time estimate of days/weeks including [ day(s)/hours] pre-reading time, shall take place before [a Chancery Master] on [date] or between [date] and [date] (“the trial window”).
- [If no time estimate has been provided] a [telephone] Pre-Trial Review shall take place on [date] unless the parties have lodged an agreed timetable by [date].
- The trial shall take place in London.
[If the Master wishes the time estimate to be reviewed at a later date]
- The Claimant shall by [a date normally within 4 weeks of exchange of witness statements, but variable depending on the timetable], having consulted the other parties, notify the Master whether the time estimate should be varied.
Disclosure of documents
- [Disclosure is dispensed with.]; OR
[By [date]
(1) [[party] shall disclose the documents on which it relies and at the same time request any specific disclosure that it requires from any other party.]
(2) [Each party shall give disclosure on an issue by issue basis.]
(3) [Each party shall disclose any documents which it is reasonable to suppose may contain information which enables that party to advance its own case or to damage that of any other party, or which leads to an inquiry which has either of those consequences.]
(4) [[party] shall give standard disclosure.]
(5) [such other order in relation to disclosure as the court is asked to consider appropriate, including if appropriate in relation to electronic documents] Please set out the order proposed.]
Notes:
(a) The court will consider the disclosure reports provided by the parties and decide which of the disclosure options set out in CPR 31.5(7) should apply to this claim. Proposals put forward by the parties will be taken into account in making that decision.
(b) A list of issues, preferably agreed, should be attached to the draft directions so as to assist the court in determining any order to be made in relation to disclosure
Inspection of documents
- Any requests for inspection or copies of disclosed documents shall be made within [7] days after service of the list and shall be responded to within [7] days of receipt of the request.
Witness Statements
- Each party serve on every other party the witness statement of the oral evidence which the party serving the statement intends to rely on in relation to [any issues of fact][the following issues of fact (specify issues) to be decided at the trial, those statements [and any notices of intention to rely on hearsay evidence] to be
[exchanged by [date].] or
[served by [party] by [date] and by [party] by [date].
Before exchange the parties shall liaise with a view to agreeing a method of identification of any documents referred to in the witness statements.
- The [party] has permission to serve a witness summary relating to the evidence of [name] of [address] [on every other party by [date]][to be served on [party]/exchanged at the same time as exchange of witness statements].
(Note: The parties should consider the court's power in CPR 32.2(3)) and must comply with the provisions of the Chancery Guide paragraphs 19.16-17 concerning exhibits to witness statements)
Experts: permission to apply
- The parties have permission to apply for directions as to expert evidence (if necessary).
Single expert
- Evidence be given by the report of a single expert in the field
of [define field] instructed jointly by the parties, on the issue of [define issue] [and [his][her] fees shall be limited to £ ].
- If the parties are unable to agree [by [date]] who that expert is to be...
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