Draft Chancery Case Management Directions—family provision claim
Draft Chancery Case Management Directions—family provision claim

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Draft Chancery Case Management Directions—family provision claim

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription).

IN THE [HIGH COURT OF JUSTICE]

CLAIM NO. HC [...]

[CHANCERY DIVISION]

[for claims issued after 2nd October 2017:]

[BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES]

[PROPERTY TRUSTS AND PROBATE LIST]

Claim No. [...]

IT IS ORDERED that:

  1. 1

    Allocation

    1. 1.1

      Allocation to Multi-Track

    2. This Claim is allocated to the multi-track.

    3. and

    4. 1.2

      Allocation to Management Track

      1. This claim is allocated to the following management track:

      2. 1.2.1

        Case management by Master and trial by Judge

      3. 1.2.2

        Case management and trial by Judge (full docketing)

      4. 1.2.3

        Case management and trial by Master

      5. 1.2.4

        Case Management by Judge and Master and trial by Judge.

  2. 2

    Alternative dispute resolution

    1. This Claim be stayed until [date] for the parties to try to settle the dispute by alternative dispute resolution or other means. The parties shall notify the Court in writing at the end of that period whether settlement has been reached.

      The parties shall at the same time lodge either:

    2. 2.1

      (if a settlement has been reached) a draft consent Order signed by all parties; or

    3. 2.2

      (if no settlement has been reached)

      1. 2.2.1

        a Statement of agreed directions signed by