The steps in each case, according to Woolf, are:
1. Claim: a clear summary of the facts and the main allegations, the financial losses suffered, a list of witnesses and a summary of evidence, experts' reports, and relevant documents.
2. Reply (sent within three months): specific comments on the allegations, with supporting documents.
3. Both claim and reply must be verified by a statement of truth, effectively making each document an affidavit.
4. Allocation questionnaire: to help the court decide which court and track is suitable (small claims = under £5000; fast track = claims between £5,000 and £15,000; multi-track = claims over £15,000). If multi-track, a case conference will be called by the procedural judge.
5. Case conference: A chance for the PJ to explore alternatives to litigation, or if not appropriate, to give directions for the conduct of the case, to fix a pre-trial review and/or a hearing for summary judgement, and to fix a trial date or at least a trial window.
6. Listing questionnaire: mainly to check whether the parties have done what was asked at the case conference.
7. Pre-trial review: conducted by the trial judge, about eight weeks before the trial itself.
8. Trial (assuming parties haven't already settled).
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
1. Claim: a clear summary of the facts and the main allegations, the financial losses suffered, a list of witnesses and a summary of evidence, experts' reports, and relevant documents.
2. Reply (sent within three months): specific comments on the allegations, with supporting documents.
3. Both claim and reply must be verified by a statement of truth, effectively making each document an affidavit.
4. Allocation questionnaire: to help the court decide which court and track is suitable (small claims = under £5000; fast track = claims between £5,000 and £15,000; multi-track = claims over £15,000). If multi-track, a case conference will be called by the procedural judge.
5. Case conference: A chance for the PJ to explore alternatives to litigation, or if not appropriate, to give directions for the conduct of the case, to fix a pre-trial review and/or a hearing for summary judgement, and to fix a trial date or at least a trial window.
6. Listing questionnaire: mainly to check whether the parties have done what was asked at the case conference.
7. Pre-trial review: conducted by the trial judge, about eight weeks before the trial itself.
8. Trial (assuming parties haven't already settled).
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
