Order for separate trial of an issue (rule 3.1(2)(i))
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF 53
Order for separate trial of an issue
(rule 3.1(2)(i))
IN THE HIGH COURT OF JUSTICE
[ ] DIVISION
[ ] District Registry
[IN THE COUNTY COURT sitting at ]
Claim No.
Before (Master or District Judge) (name)
Claimant
Defendant
UPON THE APPLICATION by the (party) by application notice dated . . .
[AND UPON HEARING . . . . . .]
AND UPON READING the written evidence filed
IT IS ORDERED that:
1. the issue(s) set out in the Schedule below be tried at a separate trial under rule 3.1(2)(i) between (party) and (party).
2. in the trial of the said issue(s) the (party) will be the claimant and the (party) will be the defendant.
3. the following directions be given in relation to the trial of the said issue(s)
(set forth here any necessary directions as to trial including, if so ordered, disclosure, the service of witness statements of fact, expert evidence, the lodging of trial bundles, and the filing of skeleton arguments by each party).
4. the said issue(s) be tried as follows;
(a) with the consent of the parties under PD2B para. 4.1, before a Master
(i) on (date ) in Room ( ) at the Royal Courts of Justice,
(ii) with an estimated length of hearing of ( ) hours,
(iii) with the filing of pre-trial checklists being dispensed with,
or
(b) before a Judge
(i) with the trial of the issue to take place within (period ) after (date )(“the trial window”)
(ii) with the (party . . . . .) to apply on notice to the (party) to the [Queen’s Bench Listing Office in Room WG08] [Chancery Listing Office, Rolls Building, Fetter Lane, London, EC4A 1NL] or if in a District Registry to the Listing Office at (specify venue) by (date ) for a trial date or period within the trial window
(iii) with the issue
(i) to be entered in the [jury list][non-jury list] category [A] [B] or [C], with a time estimate of (specify number of days/weeks ), and
(ii) to take place in (identify venue)
(iv) with the filing of pre-trial check-lists as may be directed by the appropriate Listing Office.
or
(c) (if in the County Court) before a [District Judge under PD2B paragraph 11.1(d)] [Circuit Judge] with further directions to be as directed by the County Court.
4. the costs of this application are [[summarily assessed in the sum of £ ] [to be the subject of a detailed assessment if not agreed] and to be paid by (party)] or [are to be costs in the issue] or as may be otherwise ordered.
Schedule
(set out issue(s) as referred to above, in separate paragraphs if necessary)
Dated
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