The Civil Procedure (Amendment No.3) Rules 2005

Amendment to the Civil Procedure Rules 1998

32.  In rule 28.5—

(a) for paragraph (3) substitute—

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

(b) after paragraph (3), insert—

“(4) If—

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

(b) a party has failed to give all the information requested by the pre-trial checklist; 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.”.