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GLOSSARY

Allocation questionnaire definition

Published by a LexisNexis Dispute Resolution expert

What does Allocation questionnaire mean?

A form served on the parties to claim by the court, by which the parties provide the court with the information necessary to allow it to allocate the claim to a track.

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Procedural guide—applications for a financial remedy: first appointment (standard procedure)

Procedural guide—applications for a financial remedy: first appointment (standard procedure) This Procedural Guide sets out the steps to be taken at a first appointment following an application for a financial remedy under the standard procedure. It includes guidance on the purpose of a first appointment, directions the court may give, expert evidence, interim orders, an adjournment for the parties to obtain information about and consider using non-court dispute resolution and fixing a financial dispute resolution hearing (FDR) and final hearing. It also sets out the steps to be taken after the first appointment and the requirements of the below High Court judge level efficiency statement. For the steps to be taken prior to the first appointment, see Procedural Guide: Procedural guide—applications for a financial remedy: application to first appointment (standard procedure). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure and in relation to the accelerated first appointment...

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Patent infringement action—flowchart

Patent infringement action—flowchart This Flowchart provides an overview of a UK patent infringement action with links to relevant Practice Notes, Precedents and court forms. The first stage covers claim preparation and pre-action matters. The second stage covers the letter before action alleging infringement. The third stage covers commencing proceedings. The fourth stage covers case management and allocation. Stage five covers disclosure of documents and evidence of fact and of experts. The sixth stage covers trial preparation and trial and the seventh stage covers post-trial matters. The Flowchart covers proceedings brought in the Business and Property Courts Intellectual Property List including the Intellectual Property Enterprise Court. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Key issues before launching patent infringement action • Patent infringement • Patents—entitlement and co-ownership • Exceptions and defences to patent infringement • Patent invalidity and revocation • UK Intellectual Property Office—mediation scheme • Interim and final injunctions—overview • Disclosure pilot scheme—overview Claim preparation and pre-action matters—Forms • Application...

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Automatic orders pilot scheme [Archived]

Automatic orders pilot scheme [Archived] ARCHIVED: Warning: this is for historical purposes only. This pilot scheme has now ended. Where and when did it apply? The Automatic Pilot Scheme (the Scheme) applied to all claims started on or after 1 October 2009 and ran until 30 September 2012. What was it? The Scheme worked so that in the event of default by a party to file important documents during the proceedings their claim was automatically struck out without any further order of the court. In addition, the Scheme provided that where parties wished to seek a stay of proceedings to explore settlement there was, no automatic strike out but, an automatic order for a stay. It was therefore important to be aware of the circumstances in which the Scheme applied which were where: • all parties requested a stay of the proceedings for a period of one month • any party failed to file an allocation questionnaire • a party failed to file a pre-trial checklist...

Financial relief after overseas divorce—procedure

Financial relief after overseas divorce—procedure This Practice Note sets out the procedure on an application for permission to issue an application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) following an overseas divorce or dissolution of civil partnership. It also considers the procedural steps following the issue of a substantive application, the allocation of proceedings, requirements for permission (leave), setting aside a grant of permission and setting aside and preventing dispositions. See also Practice Notes: Financial relief after overseas divorce—jurisdiction and legislative provisions and Financial relief after overseas divorce—court’s approach and case law. Jurisdiction and allocation The marriage or civil partnership that has ended by a foreign decree/order must be recognised in this jurisdiction as a valid marriage/civil partnership or at least a void marriage/civil partnership. See also Practice Notes: Recognition of overseas divorce or dissolution of civil partnership and Financial relief after overseas divorce—jurisdiction and legislative provisions. The jurisdictional...

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Financial Remedies Court—allocation questionnaire (FRC3)

Financial Remedies Court—allocation questionnaire (FRC3) In the Financial Remedies Court Gatekeeping and Allocation Certificate This Certificate will assist the Court to allocate the case to the appropriate court and level of judge. The Applicant is invited to consult the Respondent about the responses provided. [ Please complete section 1 if your case arises out of a marriage or a civil partnership. ] [ Please complete section 2 if your case is under Children Act 1989, Schedule 1 ] [ Please complete section 3 in all cases ] Section 1 The marriage/civil partnership (‘CP’) of [Applicant] and [Respondent] 1 Outline background a. Date of [Marriage OR CP] [Date] b. Date of Separation [Date] c. The [Application OR Petition OR Answer] was issued on [Date] at [specify whether Court and Tribunals Service Centre (CTSC) or name of court][Divorce Centre] and given case number [Case Number] d. The [Decree Nisi OR Conditional Order] was pronounced on [Date] e. The [Decree Absolute OR...

Case management—allocation questionnaire (Form N150)—drafting notes (before April 2013) [Archived]

Case management—allocation questionnaire (Form N150)—drafting notes (before April 2013) [Archived] ARCHIVED: This Precedent has been archived and is not maintained. Note: save for where a defence has been received before 1 april 2013, this precedent is for historical purposes only. For guidance on the current provisions, see Practice Notes: Directions questionnaires. Form N150—for claims other than those in small claims track

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A tenant has filed a defence and counterclaim to a part 55 possession claim based on a section 8 notice. When does the reply to the defence and counterclaim need to be filed by—within 14 days or when the allocation questionnaire needs to be served? Can the tenant’s solicitor agree an extension? Does the answer differ where the case currently sits in fast track but due to the rental amount is likely to be allocated to multi-track?

A tenant has filed a defence and counterclaim to a part 55 possession claim based on a section 8 notice. When does the reply to the defence and counterclaim need to be filed by—within 14 days or when the allocation questionnaire needs to be served? Can the tenant’s solicitor agree an extension? Does the answer differ where the case currently sits in fast track but due to the rental amount is likely to be allocated to multi-track? For the purposes of the Civil Procedure Rules, an additional claim is treated as if it were a claim: CPR 20.3. A counterclaim is an additional claim within the meaning of CPR 20.2(2)(a). The period for filing a defence to counterclaim is therefore usually 14 days after service of the counterclaim: CPR 15.4(1)(a). This period cannot be extended by filing an acknowledgment of service: CPR 20.4(3). A reply to a defence is optional. The usual rule is that, if a reply is filed, it must be filed with the...

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