PART 26CASE MANAGEMENT—PRELIMINARY STAGE

AllocationI126.5

F11

The court will allocate the claim to a track—

a

when all parties have filed their directions questionnaires; or

b

when giving directions pursuant to rule 26.3(8),

unless it has stayed the proceedings under rule 26.4.

(Rules 12.7 and 14.8 provide for the court to allocate a claim to a track where the claimant obtains default judgment on request or judgment on admission for an amount to be decided by the court)

2

If the court has stayed(GL) the proceedings under rule 26.4, it will allocate the claim to a track at the end of the period of the stay.

F32A

If—

a

a claim is referred to the Mediation Service pursuant to rule 26.4A; and

b

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

the claim will be allocated to a track in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.

3

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

4

The court may hold an allocation hearing if it thinks it is necessary.

F25

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