Order in the Queen's Bench Division for case and costs management directions in the multi-track (Part 29)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF52
Order in the Queen’s Bench Division for case and costs management directions in the multi-track (Part 29)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
[………………………… District Registry Claim No.
Claimant (name)
and
Defendant (name)
Before (title and name of Master or District Judge)
ORDER
[UPON THE APPLICATION by the (party) by application notice dated (date)]
[AND UPON READING the written evidence filed in support of the application]
[AND] UPON HEARING …………………………….. at a case and costs management conference on (date).
IT IS ORDERED that:
ALLOCATION
1. The case do remain allocated to the multi-track.
STAY OF PROCEEDINGS FOR ADR2. (a) The proceedings be stayed for ADR until (date).
(b)The parties may agree to extend the stay for periods not exceeding a total of three 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 three months must be referred to the Court.
(c) Subject to (b) above, the Claimant do upon the expiry of the stay report forthwith in writing to the Court (with a copy to the Defendant) as to the state of the proceedings and as to any further directions then proposed.
TRANSFER
3.1 The proceedings be transferred forthwith to
(a) the ………………. Division of the High Court
(b) the ………………. District Registry
(c) the County Court sitting at ……………………
3.2 The (party) do apply by (date) to a Judge of the Technology and Construction Court (or other Specialist List) for an order for transfer of the proceedings to that Court (or other Specialist List).
3.3 The [proceedings (give title and claim number) commenced in the County Court] or [the following part of proceedings (give title and claim number and define the part) commenced in the County Court] be transferred under section 41(1) of the Court Courts Act 1984 from that Court to the Queen’s Bench Division of the High Court […………….. District Registry].
AMENDMENTS TO STATEMENTS OF CASE
4. (a) The (party) do have permission to amend the (particulars of claim, defence or other statement of case) in the form initialled by the [Master/District Judge].
(b) Such amended statement of case [be verified by a statement of truth] and [be treated as already filed and served] or [be filed and served on all other parties by (date)].
(c) Any amended statement of case by (party) limited in response to the amendments made in (a) above be filed and served by (date).
(d) The costs of and occasioned by the application to amend and by the amended statement of case in (a) above are to be the (party’s) costs in any event (or such other order as to costs as may be made).
ADDITION OF PARTIES
5.1 The (party) do have permission:-
(a) to [add] [substitute][remove] (name) as a (party), and
(b) to amend his statement of case in accordance with the attached draft initialled by the [Master/District Judge].
5.2 The amended statement of case be verified by a statement of truth.
5.3 Insert directions as to filing of the amended statement of case and as to service thereof, together with the forms for admitting, defending and acknowledging a claim against a new defendant, on any new party, existing parties or removed party as appropriate and in accordance with Practice Direction 19A.
5.4 Insert directions as to filing and service of any consequential amendments to any other statements of case as appropriate.
5.5 Insert directions as to service of a copy of the order on every party to the proceedings and any other person affected by the order as appropriate and in accordance with Practice Direction 19A.
5.6 The costs of and caused by the application to amend and by the amendments of the statements of case be the (party’s) costs in any event (or otherwise as may be ordered).
SEPARATE TRIAL
6. (a) There be a separate trial under Rule 3.1(2)(i) of the following issue, namely (specify the issue).
(b) There be directions as to the trial of such issue as follows:
(Insert all appropriate directions including, if so ordered, disclosure, service of witness statements of fact, expert evidence, listing for trial, the lodging of a trial bundle and the filing of skeleton arguments).
DISCLOSURE7. In all claims which include a claim for personal injuries
(a) [There be standard disclosure between all parties by exchange of lists by (date) or [Standard Disclosure be limited to the following issues (name the issue) and be by way of exchange of lists by (date)], or [Standard disclosure be dispensed with].
(b) Any request for inspection or copies of disclosed documents be made within …. days after service of the list and, unless objected to, be complied with not less than …. days after service of the request.
8. In claims which do not include a claim for personal injuries, set out such orders or directions as the Court decides to make or give under CPR 31.5(7) and (8) and, in relation to electronic disclosure, under Practice Direction 31B.
WITNESS STATEMENTS OF FACT9. The parties do exchange signed statements of witnesses of fact by (date). Any notices under the Civil Evidence Act are to be served by the same date,
or
(in the case of an order for sequential service of witness statements and any Civil Evidence Act notices, set forth the date for service by each party).
EXPERT EVIDENCE10. The parties have permission to rely on the evidence of a single joint expert [in the field of (define the field)] [in each of the fields of (define fields)]. Such expert [in...
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