A claim will normally be allocated to the fast track if its value is no more than £15,000 and it is not allocated to the small claim track.
However, if the court thinks the trial is likely to last longer than five hours, taking into account the likely case management directions and the court's powers to control evidence and limit cross-examination, the case may be allocated elsewhere.
But the mere possibility that the trial may last longer than five hours or the fact that there is to be a split trial will not prevent allocation to the fast track.However, where a counterclaim, contribution claim or other part 20 (third party) claim is to be tried, it is the total length of the trial which affects the allocation.
The claim will not be allocated to this track if the court considers that oral expert evidence will exceed one expert per party in any field or that the total oral evidence in the case will cover more than two fields.Initial directionsThe notice of allocation will specify the trial date or trial period, normally within 30 weeks, and the date by which listing questionnaires (see below) are to be returned.
It will normally include directions, given without a hearing, dealing with disclosure of documents, service of witness statements and expert evidence, amendments of statements of case and the provision of additional information.
The court's concern will be to ensure that the issues are identified and that the necessary evidence is prepared and disclosed.
It will have regard to steps already taken by the parties and their compliance or non-compliance with any relevant pre-action protocol.
It will expect the parties to co-operate and may approve agreed directions.The practice direction relating to part 28 sets out forms of direction upon which the court will base its order as well as guidance on the agreed directions which may be approved.
They will form a timetable for the steps to be taken through to the trial:typically:- disclosure - four weeks,- witness statements - ten weeks,- experts' reports - 14 weeks,- listing questionnaires filed - 22 weeks, and- trial - 30 weeks after the date of the notice of allocation.The court will only fix a directions hearing if it cannot deal with allocation and/or directions without one.
The hearing will be listed as promptly as possible and as little as three days notice could be given to the parties.If it is made necessary by a party's default, the court will usually impose a sanction, maybe an order for costs assessed on the indemnity basis and payable immediately, or an order which may lead to the party's statement of case being struck out.The court may order standard disclosure or it may direct that no disclosure take place or specify the documents or classes of documents which the parties must disclose.
It will usually order simultaneous service of witness statements.
Each statement must contain (only) the evidence which the witness would be allowed to give orally.
It must be signed and be verified by a statement of truth.
It will deal with expert evidence.Listing directionsThe court will send listing questionnaires about two weeks before they are to be returned.
The questionnaires quiz the parties about compliance with directions, any additional directions needed, expert evidence and what permissions the parties seek to use, the witnesses, updated information on representation and the length of hearing.
Where no party files a questionnaire, the court will normally order that if none is filed within three days, the claim and any counterclaim is to be struck out.
Otherwise, if one of the parties, but not all of them, fails to file the questionnaire, the court will normally give listing directions regardless - without being able to take into account that party's wishes or requirements - or it may fix a listing hearing on a date which is as early as possible, giving the parties as little as three days notice.
What is said above about sanctions applies equally here.The court may give directions as to the issues on which evidence is to be adduced, the nature of the evidence it requires on those issues, and the way in which the evidence is to be placed before the court, and may thereby exclude evidence which would otherwise be admissible.A direction giving permission to use expert evidence - by report or oral - will name the experts.
The court may set a timetable for the trial and will confirm or vary the time estimate for the trial.
It will usually order preparation of a trial bundle.
The parties should seek to agree the directions and file a proposed order, which will not bind the court.
Again, the practice direction provides guidance.Non-complianceIf directions at any stage are not complied with, any party may apply for an order.
The application must be made without delay but the other party should first be given a warning.
The court will not postpone the trial, if that can be avo ided, but will make orders backed by sanctions with a view to the case being prepared in time.
A sanction, if it takes effect, may prevent the defaulting party from raising or contesting an issue or relying on certain evidence at the trial.
The court may order trial of those issues which can be prepared, the remainder being left to be tried later at the expense of the defaulting party.
If postponement of the trial is inevitable, the court will order the shortest postponement possible and may require a party personally - even though that party has representation - to attend a hearing at which such an order may be made.The trialUsually, three weeks notice will be given of the date fixed for trial.
It will normally take place at the court where the case is being managed but it may be at another court, or even away from court if need be.
The judge may dispense with an opening address.The judge may vary the timetable or set another, but unless that is done, the trial will be conducted in accordance with any order made previously.
The judge will usually allow a witness's statement to stand as evidence in chief and may limit cross-examination.
If the trial is not finished on the day on which it is listed, the judge will normally sit on the next court day to complete it.At the conclusion of the trial, if ordering one party to pay costs to another, the judge will normally assess them summarily.
Thus the parties must have with them details of the costs they have incurred, preferably agreed before the trial starts.
A practice direction on costs is published this week.
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