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Allocation Directions Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Allocation 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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Allocation & Directions Allocation The case can be allocated to the small claims track, the fast track or the multitrack. 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

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