This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Civil Litigation Notes

Allocation Directions Notes

Updated Allocation Directions Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Allocation & Directions

Allocation

The case can be allocated to the small claims track, the fast track or the multi-track. Each track has a different time limit and suit different cases (CPR 26.6). Allocation will be decided when the defendant files their defence and the court will consider a number of factors (CPR 26.8).

The court will send a notice of proposed allocation informing the parties they should agree directions, fill in the DQ and prepare cost budgets.

The DQ provides the court with more information as to how the case should be directed and managed; it also contains details of experts and witnesses. At a case management hearing the court will rule on directions the parties cannot agree upon.

Case Management Conference

The purpose of a CMC is for the court to decide the future conduct of the case. CMCs are hearings before a Master or District Judge, depending on the whether the case is heard in a High Court or a County Court. CMCs are generally restricted to more complex cases.

The solicitor attending the CMC should be familiar with the case and have sufficient authority to deal with issues likely to arise, such as fixing timetables and identifying the issues (CPR 29.3(2)).

At the CMC the court will: review the steps the parties have taken; consider whether previous directions have been complied with; give further directions to secure the progress of the claim; and ensure the parties make reasonable agreements about matters in issue and the future conduct of the case.

Directions

The following directions should always be decided upon:

  • ADR: does the case need to be stayed for a period of time to allow attempts to settle?

  • Disclosure and inspection of documentation - dates and documents(CPR 31);

  • Exchange of Witness statements - dates and documents (CPR 32);

  • Permission to add Expert Evidence: the court may order the parties to use a single joint expert of the parties can apply to have separate experts. If separate experts are being used the court will also make further directions for the date for exchanging expert reports, the date of the meeting of the experts and a date whereby the joint statement should be filed at court (CPR 35);

  • Preparations for trial - dates and...

Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.

More Civil Litigation Samples