Specimen Directions Template (Leeds Mercantile Court)
| Published date | 21 March 2018 |
| Subject Matter | Commercial Court forms |
HIS HONOUR JUDGE LANGAN QC/KAYE QC
AA
Claimant
-and-
BB
Defendant
ORDER FOR DIRECTIONS
Transfer
- The Claim shall be transferred to the Leeds Mercantile Court
- This action shall be consolidated [managed and tried] with action number *. The lead action shall be [*]. All directions in the lead action shall apply to both actions, unless otherwise stated
Statements of Case
- Permission shall be granted for the Amended Particulars of Claim, in the form produced to and approved by the court, to be filed and served by [*].
- Permission shall be granted for the Amended Defence [and Counterclaim], in the form produced to and approved by the court, to be filed and served by [*].
- Permission shall be granted for any Reply [and Defence to Counterclaim]shall be filed and served by [*]. {Amended Reply {and Defence to Counterclaim}, in the form produced and approved by the court, shall be filed and served by [*]}.
- The costs of, and occasioned by, the amendments shall be paid by [*].
- Replies to the Request for Further Information or Clarification dated [*] in relation to the statement of case of [*] shall be served by [*].
{or 7. There will be a Schedule of Issues to be tried {of items and amounts}{with the following columns [**] :
- Claimant/Defendant shall file and serve Schedule by *};
- Defendant/Claimant shall file and serve Counter Schedule by [*]}.
List of Issues
- The parties shall file by [*] an agreed draft List of Issues for judicial approval.
- The List of Issues annexed to this order has been agreed by the parties and approved by the Court. The List shall be kept updated by the parties and cross-referenced to the statements of case.
Disclosure
- Standard Disclosure in relation to the issues set out in the List of Issues shall be made by [*]; Inspection on 48 hours notice shall be completed by [*]. The parties shall identify and discuss prior to disclosure those categories of documents they expect to see in the Lists of Documents of other parties.
- Disclosure of electronic documents shall be made by electronically produced and exchanged lists. [or 11. In default of not already having done so, the parties shall discuss and resolve by [*] any issues regarding searches for, and preservation of, electronic documents and the format in which electronic copy documents are to be provided upon inspection. The parties shall exchange the Electronic Documents Questionnaire by [*]. In the case of any difficulty or disagreement upon such electronic disclosure or inspection, the matter shall be referred to the Court for further directions at the earliest practicable date].
- Specific Disclosure of the documents or classes of documents set out in the Schedule attached to this Order shall be made by [Claimant/Defendant] by [*]; Inspection on 48 hours notice to be completed by [*].
Witnesses
- Signed statements of witnesses of fact [limited to issue(s) [*] in the List of Issues], and hearsay notices when required by CPR 33.2, shall be exchanged not later than [*]. [Such statements shall be cross referenced by headings or other clear means, to the issues in the List of Issues].
- Unless otherwise ordered, the witness statements shall stand as the evidence in chief of the witnesses at trial.
- The evidence of [ *] shall be given by video link from [ *] to [ *] on [ * 2008] to be arranged by the party calling such witness.
Experts
-
Each party has permission to adduce at the trial expert witnesses as follows:
- [Number]
- [Expertise]
- [Issue(s) to be covered]
- The signed reports of experts shall be exchanged sequentially by [*] and [*]. {or simultaneously by [*]}.
-
The experts of like disciplines:
- shall hold discussions, pursuant to CPR 35.12(1). for the purposes of identifying the issues, if any, between them and, where possible, reaching agreement on those issues (or at least narrowing them); and
- shall prepare a joint statement, pursuant to CPR 35.12(3), by [*] stating:
(a) The fact that they have met and discussed the expert issues;
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