Allocating and transferring proceedings

Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...

11th Jun

Practice notes

Allocation of claims to a track

Allocation of claims to a trackWhat is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is...

11th Jun

Practice notes

Business and Property Courts—shorter trials scheme

Business and Property Courts—shorter trials schemeThis Practice Note provides guidance on the interpretation and application of the relevant...

10th Jun

Practice notes

Directions questionnaires

Directions questionnairesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...

8th Jun

Precedents

Standard multi—track directions—no expert evidence

This Precedent is the Gov.uk standard direction order template to use in multi-track cases where no expert evidence is to be adduced. It should be...

8th Jun

Q&As

If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?

If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?CPR...

7th Jun

Q&As

What is the procedure for applying to transfer proceedings from a regional County Court to the London High Court?

What is the procedure for applying to transfer proceedings from a regional County Court to the London High Court?Transferring proceedingsTransfer of...

7th Jun

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?

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...

7th Jun

Q&As

How can a claimant remove a defendant in multi-party proceedings?

How can a claimant remove a defendant in multi-party proceedings?CPR 38.2(3) provides that where there is more than one defendant, the claimant may...

7th Jun

Q&As

In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court, attaching the agreed directions. The court has made no order as to the agreed directions, and the deadline for the first agreed direction has passed. What is the status of the agreed directions and are the parties obliged to comply with the agreed directions in the absence of an order?

In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court,...

Produced in partnership with James Tunley of Lamb Chambers 7th Jun

Q&As

How do you apply to change track allocation from small claims track to fast track where the claim value has exceeded the small claims track threshold since first it was issued?

How do you apply to change track allocation from small claims track to fast track where the claim value has exceeded the small claims track threshold...

Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun

Q&As

Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)?

Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)?The court has a...

Produced in partnership with Phil Roberts of Clarke Willmott 7th Jun

Q&As

In considering the value of a claim which is just below £10,000, does the court take into account the fact that the court fee will take the value over £10,000 and potentially into the fast track?

In considering the value of a claim which is just below £10,000, does the court take into account the fact that the court fee will take the value over...

Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun

Q&As

Is a fee payable by a claimant when filing a directions questionnaire? If not, but a fee used to be payable, what was the fee?

Is a fee payable by a claimant when filing a directions questionnaire? If not, but a fee used to be payable, what was the fee?The majority of court...

7th Jun

Q&As

Where a claim on the small claims track has been stayed, can the claimant apply to lift the stay? If so, is there a specific application for doing so? Does a claimant usually recover their court fee in the small claims track?

Where a claim on the small claims track has been stayed, can the claimant apply to lift the stay? If so, is there a specific application for doing so?...

7th Jun

Q&As

Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?

Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 7th Jun

Q&As

Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?

Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?An ‘additional claim’ is...

Produced in partnership with David Willink of Lamb Chambers 7th Jun

Q&As

Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings?

Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings?We are not aware of any authority which suggests...

7th Jun

Q&As

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?This...

Produced in partnership with Kate Andrews of Hamlins 7th Jun

Q&As

What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for reply where the claim has been transferred to the TCC?

What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for...

7th Jun

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)

PI & Clinical Negligence weekly highlights—24 June 2021

Secondary victim law update on what constitutes a ‘shocking event’ in a hospital setting (King v Royal United Hospitals Bath NHS Foundation Trust)

Assessment of solicitor and client costs in low value personal injury claim (SGI v Karatysz)

Featured PI & Clinical Negligence content

False imprisonment

Medco

Past loss of earnings

Time limits under the Limitation Act 1980—personal injury claims

Most recent Allocating and transferring proceedings content

Popular documents

Amending the articles of association

Indirect discrimination

Sentencing fraud offences committed by individuals

Guide to using the Lexis®PSL Employment Schedule of Loss application

Contact Us

Popular Links

Policies

Follow us