PART 26CASE MANAGEMENT—PRELIMINARY STAGE

F1Directions questionnaire26.3

F2(1)

If a defendant files a defence—

(a)

a court officer will—

(i)

provisionally decide the track which appears to be most suitable for the claim; and

(ii)

serve on each party a notice of proposed allocation; and

(b)

the notice of proposed allocation will—

(i)

specify any matter to be complied with by the date specified in the notice;

(ii)

require the parties to file a completed directions questionnaire and serve copies on all other parties;

(iii)

state the address of the court or the court office to which the directions questionnaire must be returned;

(iv)

inform the parties how to obtain the directions questionnaire; and

(v)

if a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.

F3F4(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B)

The court will always serve on any unrepresented party the appropriate F5directions questionnaire.

(2)

Where there are two or more defendants and at least one of them files a defence, the court will serve the F6a notice under paragraph F7(1) —

(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)

F8(3)

If proceedings are automatically transferred under rule 26.2 or rule 26.2A the court in which the proceedings have been commenced—

(a)

will serve the notice of proposed allocation before the proceedings are transferred; and

(b)

will not transfer the proceedings until all parties have complied with the notice or the time for doing so has expired.

F9(4)

If rule 15.10 or rule 14.5 applies, the court will not serve a notice under rule 26.3(1) until the claimant has filed a notice requiring the proceedings to continue.

F10(5)

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F11(6)

If a notice is served under rule 26.3(1)—

(a)

each party must file F12..., and serve on all other parties, the documents required by the notice by no later than the date specified in it; and

(b)

the date specified will be—

(i)

if the notice relates to the small claims track, at least 14 days; or

(ii)

if the notice relates to the fast track or multi-track, at least 28 days,

after the date when it is deemed to be served on the party in question.

F13(6A)

The date for complying with a notice served under rule 26.3(1) may not be varied by agreement between the parties.

(7)

The time when the court serves F14a directions questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

F15(7A)

If a claim is a F16claim to which rule 26.2A applies and a party does not comply with the notice served under rule 26.3(1) by the date specified—

(a)

the court will serve a further notice on that party, requiring them to comply within 7 days; and

(b)

if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.

F17(8)

F18If a claim is F19a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) 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.

F20(9)

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(10)

Where F21a case has been struck out under rule F2226.3(7A)(b) or F23an order has been made under 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 F24any other party.

(Rule 7.10 makes provision for the Production Centre)

(F25Rules 6.14 and 6.26 specify when a document is deemed to be served)