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When should I file my Precedent H where no deadline is given in the Notice of Proposed Allocation and where I don’t know when ‘seven days before the first case management conference’ would be as no case management conference is anticipated?
Under Rule 3.13 CPR, parties are required to file and exchange budgets by the date stated in any Notice of Proposed Allocation or, if no such date is specified, seven days before the first case management conference (CMC).
Further, Rule 31.5(3) of the CPR requires parties subject to Rule 31.5 to file and serve their disclosure reports (including their estimates of disclosure costs) at least 14 days before the first CMC.
So far, so clear.
However, the model and standard form directions for a multi-track case where there is to be no expert evidence or where expert evidence is to be from a single joint expert do not make provision for any case management conference.
In those circumstances, if there is no date specified in the Notice of Proposed Allocation and where it is anticipated a CMC will not be listed, as is the case in our reader's query, when should practitioners comply with these (and any other procedural obligations whose time limit is given by reference to the CMC date) so as to ensure the draconian sanctions for failing to comply are avoided?
There doesn't seem to be a clear cut answer, so we wondered what you have or would have done in our reader's position.
We would love your feedback - please vote in our poll below, or leave a more detailed comment in the comments box below.
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Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.
Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.
In practice, Virginia acted in a variety of general commercial disputes covering areas including intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.
Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.
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