Case management hearing49.32A

1

When defences are lodged, the court must fix a date for a case management hearing.

2

The date fixed for the case management hearing must be not less than 4 weeks and not more than 8 weeks after the date on which defences were lodged.

3

At the case management hearing, each party must address the court on—

a

any matters that are capable of agreement;

b

the matters that are in dispute between the parties;

c

any matters of potential complexity or difficulty;

d

any documents likely to be relevant to the matters in dispute;

e

any valuations that are likely to be required;

f

any expert evidence that is likely to be required;

g

whether steps require to be taken to give a child an opportunity to express views;

h

whether steps require to be taken to investigate any facts or circumstances relating to a child;

i

the estimated duration of the proof;

j

further procedure;

k

any other issues that the court considers appropriate.

4

At the case management hearing, the court may—

a

order and fix a date for a further case management hearing;

b

order and fix a date for a pre-proof hearing not less than 6 weeks and not more than 8 weeks before the date fixed for the proof;

c

make such other orders as it considers appropriate for the expeditious progress of the cause.

Pre-proof hearing49.32B

1

The purpose of a pre-proof hearing is to ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed.

2

Where the court appoints a pre-proof hearing, the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule.

3

At the pre-proof hearing, the court must consider—

a

the state of preparation of the parties;

b

whether the proof has been fixed for an appropriate number of days;

c

the extent to which the parties have complied with any orders made by the court;

d

whether special measures will be required for the purposes of taking the evidence of any vulnerable witnesses;

e

whether a live link may be required.

4

At the pre-proof hearing, the court may—

a

discharge the proof and fix a new date for it;

b

continue the pre-proof hearing;

c

order parties to lodge joint minutes, affidavits, and expert reports within such period as it considers appropriate;

d

direct how evidence is to be given by expert witnesses;

e

make an order authorising the use of special measures for the purposes of taking the evidence of any vulnerable witnesses;

f

make an order authorising the use of a live link;

g

make such other orders as it considers appropriate to secure the expeditious progress of the cause.