Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF52A
Shortened PF52 in the Queen’s Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
IN THE HIGH COURT OF JUSTICE Claim No.
QUEEN’S BENCH DIVISION
MASTER (name)
Between
(name) Claimant
and
(name) Defendant
Order
UPON hearing …………. [by telephone]
IT IS ORDERED that:
1. ALLOCATION
The claim [be] [do remain] allocated to the multi-track.
2. JUDGMENT
(1) [By consent] judgment be entered for the Claimant against the [ ] Defendant on the issue of liability for damages to be assessed by the Court with costs [summarily assessed at £…] [to be the subject of detailed assessment if not agreed].
(2) The [ ] Defendant do make an interim payment of damages in the sum of £…… and payment in the sum of £…. on account of costs to the Claimant’s solicitors by (date).
(3) Directions be given in the assessment of damages as set forth below.
or
3. ORDER TO SHOW CAUSE
(1) Unless by (date) the [ ] Defendant shows cause in writing/by email to the Master why judgment should not be entered against the [ ] Defendant on the issue of liability for damages to be assessed then:-
(a) judgment be so entered with costs [summarily assessed at £….] [to be the subject of detailed assessment if not agreed]
(b) the [ ] Defendant do make an interim payment of damages in the sum of £…….. , payment in the sum of £…. on account of costs to the Claimant’s solicitors by (date)
and
(c) directions be given in the assessment of damages as set forth below.
(2) If the [ ] Defendant shows cause as aforesaid then the CMC will be restored on (date) for the Master to give further directions between the parties, including any further directions as to whether there should be a trial on the issue of liability and if so in what terms.
or
4. TRIAL OF ISSUES
(a) There be [a separate trial of the issue of liability between the Claimant and the [ ] Defendant] or [a trial of the issues of liability and quantum between the Claimant and the [ ] Defendant.
(b) Directions as set forth below be given in relation to
[such separate trial of the issue of liability] or
[such trial of the issues of liability and quantum]
5. DIRECTIONS
(a) The following directions be given in relation to (delete as appropriate)
(i) the assessment of damages set forth in paragraph [2] or [3] above
or
(ii) the separate trial of the issue of liability set forth in paragraph 4 above
or
(iii) the trial of the issues of liability and quantum set forth in paragraph 4 above.
6. DISCLOSURE OF DOCUMENTS
(1) No disclosure is required.
(2) Each party shall give standard disclosure by exchange of lists of documents [by categories] by (date).
(3) The (party) shall give standard disclosure by service of a list [by categories] by (date)
(4) The (party) shall give specific disclosure of the documents or classes of documents set forth in the schedule to this Order by service of a list by (date)
7. INSPECTION OF DOCUMENTS
Any requests for inspection or copies of disclosed documents shall be
made within … days after service of the list.
8. WITNESS STATEMENTS
(1) Each party shall serve on every other party any witness statement of the oral evidence upon which the party serving the statement intends to rely in relation to [any issues of fact] [the following issues of fact [specify] to be decided at the trial / the assessment, those statements and any notices of intention to rely on hearsay evidence to be
(a) exchanged by (date) or
(b) served by (party) by (date)
and by (party) by (date).
(2) The (party) has permission to serve a witness summary relating to the evidence of (name) on every other party by (date).
9. ORDER FOR TAKING OF EVIDENCE ON COMMISSION
The evidence of the Claimant shall be taken on commission by a duly appointed Examiner of the Court by (date).
10. SINGLE EXPERT
(1) Evidence be given by the report of a single expert in the field of (specify), instructed jointly by the parties, on the issue of (specify) [and his fees shall be limited to £ ].
(2) Evidence also be given by the report of a single expert in the further field of (specify), instructed jointly by the parties, on the issue of (specify) [and his fees shall be limited to £ ].
(3) The claimant shall advise the court in writing by (date) whether or not the single expert/expert(s) has/has been instructed.
(4) If the parties are unable to agree [by that date] who that expert is / those experts or any of them are to be and about the payment of his fees any party may apply for further directions.
(5) Unless the parties agree in writing or the court orders otherwise, the fees and expenses of the single expert shall be paid to him [by the parties equally pending trial / assessment] (or as ordered).
(6) Each party shall give his instructions to the single expert [in each field] by (date).
(7) The report of the single expert [in each field] shall be filed by (date).
(8) The evidence of the single expert [in each field] be given at the trial by written report/oral evidence of the expert.
11. SEPARATE EXPERTS
(1) Each party has permission to adduce expert evidence in the field of (specify) [limited to one expert per party] and in the field of (specify) [limited to one expert per party].
(2) The experts’ reports in each field shall be exchanged by (date) (or insert provisions as to sequential exchange of reports if so ordered).
(3) The experts in each field shall hold a discussion without prejudice for the purpose of:
(a) identifying the issues, if any, between them; and
(b) where possible, reaching agreement on those issues.
(4) The experts in each field shall by (date) prepare and file a joint statement for the Court showing:
(a) those issues on which they agree; and
(b) those issues on which they disagree and a summary of their reasons for disagreeing.
(5) There be permission to each party to call such experts to give oral evidence at trial limited to the matters on which they remain in disagreement as aforesaid.
(6) Any unpublished literature upon which any expert witness proposes to rely shall be served at the same time as service of his report together with a list of published literature and copies of any unpublished material. Any supplementary literature upon which any expert witness proposes to rely shall be notified to all other parties at least one month before trial. No expert witness shall rely upon any publications that have not been disclosed in accordance with this direction without leave of the trial judge on such terms as to costs as he deems fit.
12. TRIAL AND PRE-TRIAL CHECK LISTS
(1) (a) The trial of the [claim] [issue of liability] [assessment of damages] shall take place between (date) and (date)
(“the trial window”).
(b) A copy of this sealed order will be sent to the Queen’s Bench Judges Listing Office, who will notify all parties of a listing appointment for a trial date or period within the trial window, which will usually be three weeks from the date the order is sealed. If parties have any queries in relation to the listing appointment, they should contact Queen’s Bench Judges Listing qbjudgeslistingoffice@hmcts.gsi.gov.uk
(c) The [claim] [issue of liability] [assessment of damages]
(i) shall be entered in the list for trial by a Judge alone in the Non-Jury List, category “A” / “B” / “C”, with a time estimate of , and
(ii) shall take place in London.
(2) The parties shall answer the Pre-trial Check List when required by the Clerk of the Lists to do so unless he or the Master dispenses with it.
(3) The parties shall inform the Court forthwith of any change in the trial time estimate.
or
[(4) ...
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