Q&As

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

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Published on LexisPSL on 07/08/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?
  • Is a Part 20 defendant required to file a directions questionnaire?
  • Directions questionnaire—relevant forms
  • Directions questionnaire—directions proposed by the parties
  • Standard disclosure
  • Compliance with the notice of allocation

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5.

Is a Part 20 defendant required to file a directions questionnaire?

CPR 20 deals with counterclaims and other additional claims by the defendant.

CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ).

To counterclaim against a person other than the claimant, the defendant has to apply to the court for an order that that person be added as an additional party under CPR 20.5(1). In making that order, the court will give directions as to the management of the case. For guidance on counterclaims, see Practice Note: Making an additional claim under CPR 20—counterclaim, defence

to counterclaim and reply to defence to counterclaim.

Separately, the defendant may have already indicated its intention to issue a Part 20 claim when it filed its DQ in the underlying claim as included in CPR PD 26, para 2.2 as an example of the extra information that may be helpful to provide to the court when filing the DQ is ‘a party’s intention to issue a Part 20 claim or to add another party’.

For further guidance on DQs generally, see Practice Note: Directions questionnaires.

Directions questionnaire—relevant forms

Where it is necessary to file a DQ, the form to be completed depends on the track to which your claim has been provisionally allocated. The notice of proposed allocation that is sent by the court should, however, identify which form you need to complete in its request that the parties file and serve on all the other parties their completed DQ. For cases provisionally allocated to the:

  1. small claims track, form N180 is to be used

  2. fast track or multi-track, form N181 is to be used

For further details of other matters that will be addressed in the notice of proposed allocation, see Practice Note: Directions questionnaires, in particular section ‘Allocation of claims to a track—Provisional allocation and the notice of proposed allocation’

Directions questionnaire—directions proposed by the parties

The notice of proposed allocation will be by way of form N149A, N149B or N149C, depending on whether the claim is provisionally allocated to the small claims track, the fast track or the multi-track respectively.

For cases on the fast track and multi-track, forms N149B and N149C respectively, require the parties to file proposed directions. These should be based on the model and standard form directions for the relevant track:

  1. fast track—CPR PD 28, Appendix. Guidance on directions, including a typical timetable for the preparation of the case, can also be found at CPR PD 28, para 3. The standard form directions for cases on the fast track are set out in Precedent: Fast track standard directions

  2. multi-track—CPR PD 26, para 2.3(2). The standard form directions for cases on the multi-track are available at Justice.gov.uk—standard directions. The Justice.gov.uk website’s standard directions are also within Precedents: Standard direction order templates and model paragraphs for multi-track cases, Standard multi—track directions—no expert evidence and Standard multi—track directions—single joint expert

The parties must also endeavour to agree, with the other parties, the directions they intend to ask the court to make. CPR PD 26, para 2.3(3) is clear that the obligation on the parties to seek to agree must not be at the expense of filing the DQ late.

For general guidance on completing a DQ, see Practice Note: Directions questionnaires.

Standard disclosure

For guidance on standard disclosure, see Practice Notes:

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