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Order under refusing judgment under Part 24 and giving directions as to the future conduct of the case

Document Cited in Related
Published date21 March 2018
Particulars of claim____In the

NO. 44B

Order under refusing judgment under Part 24 and giving directions as to the future conduct of the case

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 (or defendant) by application notice dated . .. .

[AND UPON HEARING . . . . . . . . .]

AND UPON READING the written evidence filed

IT IS ORDERED that:

1. the said application be refused

2. the following further directions are given 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 claimant do by (date) file and serve on the defendant a final schedule of loss and damage costed to the date of trial

(i) that the defendant do by (date) file and serve on the claimant a counter-schedule.

(j) 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]

(k) 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

(l) that there be permission to each party to restore for further directions

(or otherwise as to directions as the Master or District Judge may order)

3. the costs of the said application are [summarily assessed in the sum of £ ] [to be the subject of a detailed assessment if not agreed] and are to be paid by (party) to (party)

or

as may be otherwise ordered as to costs.

4. that the (party) do by (date) draw and file this Order and serve the same on (party).

Dated

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