Q&As

When should I file my Precedent H where there is no direction and no case management conference?

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Published on LexisPSL on 28/11/2013

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

  • When should I file my Precedent H where there is no direction and no case management conference?
  • Are you covered by the costs budgeting regime?
  • Provision in the proposed notice of allocation
  • Fall back position if there is a CMC
  • What if there is no CMC?

When should I file my Precedent H where there is no direction and no case management conference?

Are you covered by the costs budgeting regime?

First make sure you are satisfied the costs budgeting provisions at Part 3, Section II of the CPR apply, see Practice Note: Cost budgets—form, content and practical considerations.

Provision in the proposed notice of allocation

The usual position is that the notice of proposed allocation (Form N151) will specify the date on which any Precedent H must be filed. Check to see whether you have received this—it is sent by the court after it has received all the defences or the date for filing the last defence has passed. For information, see Practice Note: Allocation of claims to a track—Provisional allocation and the notice of proposed allocation.

Warning: if the court has not stated a date in the notice this does not mean that cost budgets are not required. Section H of the directions questionnaire itself states: 'If your claim is likely to be allocated to the Multi-track form Precedent H must be filed in accordance with CPR 3.13'. In addition, the questionnaire requires a tick box to be completed to confirm that the Form H has been enclosed with the directions. The costs budget must therefore be completed and filed and issued at the same time as the directions questionnaire.

Fall back position if

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