The Civil Procedure Rules 1998

[F1 SECTION I E+W General Provisions Applying to Both Fast Track and Intermediate Track

Textual Amendments

F1 Pt. 28 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 2 (with rule 2)

Scope of this Part E+W

28.1.   This section contains general provisions about the management of cases allocated to the fast and intermediate tracks. Section II contains further provisions about the management of cases allocated to the fast track, other than for cases of noise induced hearing loss. Section III contains provisions about the management of noise induced hearing loss cases allocated to the fast track. Section IV contains further provisions about the management of cases allocated to the intermediate track.

(Part 27 sets out the procedure for claims allocated to the small claims track.)

(Part 29 sets out the procedure for claims allocated to the multi-track.)

General provisions E+W

28.2.— (1) [F2 The] court shall give directions for the management of the case and set a timetable for the steps to be taken between the giving of the directions and the trial.

[F3 (2) When it allocates a case to the fast track, the court shall give directions unless it considers that it is necessary to fix a case management conference.

(3) When it allocates a case to the intermediate track, the court may give directions or fix a case management conference under rule 28.12.]

[F4 (4)]  When it gives directions, the court shall—

(a) make an order in relation to disclosure; and

(b) either—

(i) fix the trial date; or

(ii) fix a period, not exceeding 3 weeks, within which the trial is to take place.

Textual Amendments

F2 Word in rule 28.2(1) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 7(1)(a)

F3 Rule 28.2(2)(3) substituted for rule 28.2(4)(5) (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 7(1)(c)

F4 Rule 28.2(2) renumbered as rule 28.2(4) (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 7(1)(b)

Variation of case management timetable E+W

28.3.— (1) A party must apply to the court if they wish to vary any date which the court has fixed for—

(a) any case management conference;

(b) any pre-trial review;

(c) filing the pre-trial check list;

(d) the trial; or

(e) the trial period.

(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise.)

Pre-trial check list (listing questionnaire) E+W

28.4.— (1) The court shall send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in the notice of allocation unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) The date specified for filing a pre-trial check list shall not be more than 8 weeks before the trial date or the beginning of the trial period.

(3) If no party files the completed pre-trial check list by the date specified, the court shall order that unless a completed pre-trial check list is filed within 7 days from service of that order, the claim, defence and any counterclaim shall be struck out without further order of the court.

(4) If—

(a) a party files a completed pre-trial check list but another party does not;

(b) a party has failed to give all the information requested by the pre-trial check list; or

(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.

Fixing or confirming the trial date and giving directions E+W

28.5.— (1) As soon as practicable after the date specified for filing a completed pre-trial check list the court shall—

(a) fix the date for the trial, unless it has already done so;

(b) give any directions for the trial, including a trial timetable, which it considers appropriate; and

(c) specify any further steps that need to be taken before trial.

(2) The court shall give the parties at least 3 weeks’ notice of the date of the trial unless, in exceptional circumstances, the court directs that shorter notice be given.

Conduct of trial E+W

28.6.   Unless the trial judge otherwise directs, the trial shall be conducted in accordance with any order previously made.]