PART 26CASE MANAGEMENT—PRELIMINARY STAGE
Allocation questionnaireI126.3
1
a
rule 15.10 or rule 14.5 applies; or
b
the court dispenses with the need for a questionnaire.
F31A
When a defendant files a defence, the court will serve a notice on each party—
a
identifying the appropriate allocation questionnaire to be filed;
b
stating the date by which the allocation questionnaire must be filed;
c
stating the court to which the allocation questionnaire must be returned; and
d
informing them how to obtain the allocation questionnaire.
1B
The court will always serve on any unrepresented party the appropriate allocation questionnaire.
2
Where there are two or more defendants and at least one of them files a defence, the court will serve the F7a notice under paragraph (1A)—
a
when all the defendants have filed a defence; or
b
when the period for the filing of the last defence has expired,
whichever is the sooner.
(Rule 15.4 specifies the period for filing a defence)
3
Where proceedings are automatically transferred to the defendant’s home court under rule 26.2, the court in which the proceedings have been commenced will serve F8a notice under paragraph (1A) before the proceedings are transferred.
4
Where—
a
rule 15.10 or rule 14.5 applies; and
b
the proceedings are not automatically transferred to the defendant’s home court under rule 26.2,
the court will serve F9a notice under paragraph (1A) on each party when the claimant files a notice indicating that he wishes the proceedings to continue.
5
The court may, on the application of the claimant, serve an allocation questionnaire earlier than it would otherwise serve it under this rule.
6
Each party must file the completed allocation questionnaire no later than the date F4specified in the notice served under paragraph (1A), which shall be at least 14 days after the date when it is deemed to be served on the party in question.
F16A
The date for filing the completed allocation questionnaire may not be varied by agreement between the parties.
7
The time when the court serves an allocation questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.
F108
Where a party does not file an allocation questionnaire by the date specified, the court will make such order as it considers appropriate, including—
a
an order for directions;
b
an order striking out the claim;
c
an order striking out the defence and entering judgment; or
d
listing the case for a case management conference.
9
Where a claim is a designated money claim issued in Northampton County Court, the claim will be transferred to the claimant’s preferred court or the defendant’s home court as appropriate and the court to which it is transferred will make an order pursuant to rule 26.3(8).
10
Where an order has been made under rule 26.3(8), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any party who was not in default.
(Rule 7.10 makes provision for the Production Centre)
(F2Rules 6.14 and 6.26 specify when a document is deemed to be served)