This is an extract of our Allocation, Case Management And Directions document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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Core Module: Civil Litigation
Civil Litigation Nine: Allocation, Case Management & Directions
1. Allocation Questionnaires
STEP ONE: filling out the AQ.
Court will serve AQs on each party when the defence is filed. [CPR 26.3(1)]
Parties must complete FORM N152 EXCEPTIONS:
1. CPR 15.10: D claims he has already paid the specified sum claimed for
2. CPR 14.5: D admits part of a claim for a specified sum
3. CPR 26.3: Court dispenses with the need for a questionnaire
CPR 26.3(6): each party must file and complete the AQ in time specified. This will be at le 14 days after AQ was deemed served by court. The AQ must be filed at court by the deadline specified in the AQ by the court. CRP 26.3(6A) Date to complete and file AQ may NOT be varied by agreement between the partie
No obligation to serve a copy on the other side! However, parties are under a general obligation to CONSULT and CO-OPERATE when completing the AQ [PD. 26 para.2.3(1)]
The AQ itself asks specifically whether a copy of the form has been sent to the other parties.
Nb. When court serves its 'Notice of Allocation' it will also send to each party a copy of the answered AQs - so it is b to be open and honest with the opposing party when answering AQs to avoid any further disagreement.
1 2 3 4 5 6
All information disclosed in the AQ must be agreed or disclosed between both parties
[PD.26 para 2.2(2). Court will only accept information if there is confirmation of agreement /
confirmation that the information has been delivered to the other party. PD 2.2(2)(a)&(b) Issues that come up: within the AQs:[some listed in PD 29, Para 5.6]
Which track do you want?
Compliance with P.A.P?
Intention to apply for Summary J?
Witnesses you are calling?
Expert evidence you require?
Estimate of your costs?
Appropriate directions Intention to add a additional parties Factors that might effect timetabling Steps that need to be taken in preparation of evidence
** Supply court with useful information - PD. Para 2.2(3)(a)-(f): A.P.P.L.I.C.A.T.I.O.N!!!
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