The Civil Procedure Rules 1998

[F1Allocation and assignmentE+W

26.7.—(1) Subject to rule 26.8, the court shall allocate the claim to a track and, where applicable, assign it to a complexity band—

(a)when all parties have filed their directions questionnaires; or

(b)when giving directions pursuant to rule 26.4(10),

unless it has stayed the proceedings under rule 26.5.

(2) If the court has stayed the proceedings under rule 26.5, it shall allocate the claim to a track and, where applicable, assign it to a complexity band at the end of the period of the stay.

(3) If—

(a)a claim is referred to the Mediation Service pursuant to rule 26.6; and

(b)the court has not been notified in writing that a settlement has been agreed,

the claim shall be allocated to a track and, where applicable, assigned to a complexity band in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.

(4) Before deciding the track to which to allocate or the complexity band to which to assign proceedings, or deciding whether to give directions for an allocation hearing or an assignment hearing to be fixed, the court may order a party to provide further information about his case.

(5) The court may hold an allocation hearing or an assignment hearing if it thinks it is necessary.

(6) If a party fails to file a directions questionnaire, the court may give any direction it considers appropriate.

(7) When, in a claim to which Section VI or Section VII of Part 45 applies, the court decides the track to which a claim should be allocated or the complexity band to which it should be assigned—

(a)it shall also consider whether it is in the interests of justice to order that rule 45.5(4) should apply to that claim; and

(b)when considering whether it is in the interests of justice to make such an order, it shall have regard to whether the claim of each claimant arises from the same or substantially the same facts and gives rise to the same or substantially the same issues.]

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