Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paras 5.1 and 5.2)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
No 44C
Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paragraphs 5.1 and 5.2)
IN THE HIGH COURT OF JUSTICE
[ ] DIVISION
[ ] District Registry
Claim No.
Before (Master or District Judge) (name)
Claimant
Defendant
UPON THE APPLICATION by the claimant by application notice for judgment under Part 24
[AND UPON HEARING . . . . . . . . .]
AND UPON READING the written evidence filed
IT IS ORDERED that:
1. (a) if the defendant pays into the Court Funds Office the sum of £ . . . . by 4 p.m. on (date), such sum to remain there until further order, the application by the claimant be refused, with costs of the application to be [as ordered]
(b) if the defendant fails to pay the said sum into the Court Funds Office by the said time the claimant may without further order enter final judgment on the claim (or part of the claim as specified) for
(i) £. . . . . (state the amount for which judgment may be entered) plus interest thereon in the sum of £ . ; and
(ii) Costs of the claim (or part of the claim as specified), including costs of this application, such costs [to be assessed on detailed assessment if not agreed] or [being summarily assessed at £. . . ] (or as may be otherwise ordered)
2. in so far as necessary, the following directions do take effect for the future conduct of the claim:
(a) that the defendant do file and serve a defence by (date)
(b) that the claimant do file and serve a reply (if any) by (date)
(c) that the parties do give standard disclosure by exchange of lists of documents by (date)
(d) that any requests for inspection of documents or for provision of copies of documents be made by (date)
(e) that the parties do exchange signed statements of witnesses of fact and any notices of hearsay evidence by (date)
(f) that there be permission to the parties to rely on the expert evidence of [one] expert each in the field of (define the field) [and [one] expert each in the field of (define the field)] on terms that [their reports are exchanged by (date)] or [on terms that the claimant do serve his expert’s report by (date) and the defendant do serve his expert’s report by (date)]
(g) that such experts in like fields do confer with each other to narrow the issues between them and do by (date or dates) provide a joint statement of the matters agreed and not agreed between them and a summary of their reasons for any continuing disagreement
(h) that the claim be tried in a trial window [between (date) and (date)] [opening on (date)].
Listing category [A] [B] [C]
Time estimate [. . . days] [. . . . weeks]
(i) that the parties do jointly by (date) attend upon the Clerk of Lists by appointment to obtain a trial date or period within the said trial window and do file pre-trial lists as the Clerk of Lists may direct
(j) ...
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