26.5—[F1(1) The court will allocate the claim to a track—
(a)when all parties have filed their directions questionnaires; or
(b)when giving directions pursuant to rule 26.3(8),
unless it has stayed the proceedings under rule 26.4.]
(Rules 12.7 and 14.8 provide for the court to allocate a claim to a track where the claimant obtains default judgment on request or judgment on admission for an amount to be decided by the court)
(2) If the court has stayed(GL) the proceedings under rule 26.4, it will allocate the claim to a track at the end of the period of the stay.
[F2(2A) If—
(a)a claim is referred to the Mediation Service pursuant to rule 26.4A; and
(b)the court has not been notified in writing that a settlement has been agreed,
the claim will be allocated to a track in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.]
(3) Before deciding the track to which to allocate proceedings or deciding whether to give directions for an allocation hearing to be fixed, the court may order a party to provide further information about his case.
(4) The court may hold an allocation hearing if it thinks it is necessary.
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Rule 26.5(1) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 8(e)(i) (with rule 22)
F2Rule 26.5(2A) inserted (1.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(2), 14(g) (with rule 41(6)(7))
F3Rule 26.5(5) omitted (1.4.2013) by virtue of The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 8(e)(ii) (with rule 22)
Commencement Information