Fillable Directions questionnaire (Fast track and Multi-track) (Cabinet Office)

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Directions questionnaire (Fast track and Multi-track) (Cabinet Office)

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Directions questionnaire
(Fast track and Multi-track)
In the Claim No.
To be completed by, or on behalf of,
who is [1
st
][2
nd
][3
rd
][ ][Claimant][Defendant][Part 20 claimant] in this claim
You should note the date by which this questionnaire must be returned and
the name of the court it should be returned to since this may be different
from the court where the proceedings were issued.
If you have settled this claim (or if you settle it on a future date) and do not
need to have it heard or tried, you must let the court know immediately.
If the claim is not settled, a judge will allocate it to an appropriate case
management track. To help the judge choose the most just and cost-
effective track, you must now complete the directions questionnaire.
You should write the claim number on any other documents you send with
your directions questionnaire. Please ensure they are firmly attached to it.
A Settlement
Under the Civil Procedure Rules parties should make every effort to settle their case before the
hearing. This could be by discussion or negotiation (such as a roundtable meeting or settlement
conference) or by a more formal process such as mediation. The court will want to know what steps
have been taken. Settling the case early can save costs, including court hearing fees.
For legal representatives only
I confirm that I have explained to my client the need to try to settle; the
options available; and the possibility of costs sanctions if they r
efuse to
try to settle.
I confirm
For all
Your answers to these questions may be considered by the court when it
deals with the questions of costs: see Civil P
rocedure Rules Part 44.
1. Given that the rules require you to try to settle the claim before the
hearing, do you want to a
ttempt to settle at this stage?
Yes No
2. If Yes, do you want a one month stay?
Notes
The c
our
t may order a stay, whether or not all the other
parties to the claim agree. Even if y
ou are requesting a
stay, you must still complete the rest of the questionnaire.
More information about mediation, the fees charged and
a directory of mediation providers is available online
from www.civilmediation.justice.gov.uk This service
provides members of the public and businesses with
contact details for national civil and commercial
mediation providers, all of whom are accredited by the
Civil Mediation Council.
Yes No
3. If you answered ‘No’ to question 1, please state below the reasons wh
y
you consider it inappropriate to try to settle the claim at this stage.
Reasons:
1N181 Directions questionnaire (Fast track and Multi-track) (04.14) © Crown copyright 2014
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/ /
B Court
B1. (High Court only)
The c
laim has been issued in the High Court. Do you consider it should
remain there?
Notes
High Cour
t cases are usually heard at the Royal Courts
of Justice or cer
tain Civil Trial Centres. Fast or multi-track
trials may be dealt with at a Civil Trial Centre or at the
court where the claim is proceeding.
Yes No
If Yes, in which Divis
ion/List?
If No, in which County Court hearing centre would you prefer the case to
be heard?
B2. Trial (all cases)
Is there any reason why your claim needs to be heard at a court or
hearing centre?
Yes No
If Y
es, say which court and why?
C Pre-action protocols
Before any claim is started, the court expects you to have
complied with the relevant pre-action protocol, and to
have exchanged information and documents relevant
to the claim to assist in settling it. To find out which
protocol is relevant to your claim see: www.justice.gov.
uk/guidance/courts-and-tribunals/courts/procedure-
rules/civil/menus/protocol.htm
You are expected to comply fully with the relevant pre-action protocol.
Have you done so?
Yes No
If you have not complied, or have only partially complied,
please explain wh
y.
D Case management information
D1. Applications
Have you made any applica
tion(s) in this claim?
D1. Applications
It is important for the court to know if you have already
made any applic
ations in the claim (or are about to issue
one), what they are for and when they will be heard.
The outcome of the applications may affect the case
management directions the court gives.
Yes No
If Yes, what for?
(e.g. summary judgment, add another party).
For hearing on
D2. Track
If you have indicated in the proposed directions a track attached which
would not be the normal track for the claim, please give brief reasons
belo
w for your choice.
D2. Track
The basic guide by which claims are normally allocated
to a track is the amount in dispute, although other
fact
ors such as the complexity of the case will also be
considered. Leaflet EX305 – The Fast Track and the
Multi-track, explains this in greater detail.
2
3
D Case management information (continued)
D3. Disclosure of electronic documents (multi-track cases only)
If you are proposing that the claim be allocated to the multi-track:
1. Have you reached agreement, either using the Electronic Documents
Questionnaire in Practice Direction 31B or otherwise, about the scope
and extent of disclosure of electronic documents on each side?
Yes No
2. If No, is such agreement likely?
Yes No
3. If there is no agreement and no agreement is likely, what are
the issues about disclosure of electronic documents which the
court needs to address, and should they be dealt with at the Case
Management Conference or at a separate hearing?
D4
. Disclosure of non-electronic documents (all cases)
What directions are proposed for disclosure?
For all multi-track c
ases, except personal injury.
Have you filed and served a disclosure r
eport (Form N263)
(see Civil Procedure Rules Part 31).
Yes No
Have you agreed a proposal in relation to disclosure that meets the
overriding objective?
Yes No
If Yes, please ensure this is contained within the proposed directions
attached and specify the draft order number.
E Experts
Do you wish to use expert evidence at the trial or final hearing?
Notes
There is no presumption that expert evidence is necessary,
or that each party will be entitled to their own expert(s).
Therefore, the court requires a short explanation of your
proposals with regard to expert evidence.
Yes No
Have you already copied any experts’ report(s) to the other party(ies)?
None yet obtained
Yes No
Do you consider the case suitable for a single joint expert in any field?
Yes No
4
E Experts (continued)
Please list any single joint experts you propose to use and any other experts you wish to rely on.
Identify single joint experts with the initials ‘SJ’ after their name(s). Please provide justification of
your proposal and an estimate of costs.
Expert’s name Field of expertise
(e.g. orthopaedic surgeon, surveyor, engineer) Justification for expert and estimate of costs
F Witnesses
Which witnesses of fact do you intend to call at the trial or final hearing including, if appropriate, yourself?
Witness name Witness to which facts
G Trial or Final Hearing
H
ow long do you estimate the trial or fi
nal hearing will take?
Notes
Give the best estimate you can of the time that the court
will need to decide this case. If, later you have any reason
to shorten or lengthen this estimate you should let the
cour
t know immediately.
less than one day
Hrs
one day
more than one day
State number of days
A
re t
h
e
r
e a
n
y days within the nex
t 12 months when you, an expert or an essential witness will not be
able to attend court for trial or final hearing?
Yo
u should only enter those da
tes when you, your
expert(s) or essential witnesses will not be available to
attend court because of holiday or other commitments.
If Yes, please give details
Name Dates not available
You should notify the court immediately if any of these dates change.
5
H Costs
Notes
Do not complete this s
ection if:
1) you do not have a legal representative acting for you
2) the case is subject to fixed costs
If your claim is likely to be allocated to the Multi-Track form Precedent H
must be filed at in accordance with CPR 3.13.
I confirm Precedent H is attached.
I Other information
Do you intend to make any applications in the future?
Yes No
If Yes, what for?
In the space below, set out any other information you consider will help the judge to manage the claim.
6
/ /
J Directions
Notes
You must attempt to agree proposed directions with all other parties. Whether agreed or not a
draft of the order for d
irections which you seek must accompany this form.
All proposed directions for multi-track cases must be based on the directions at
www.justice.gov.uk/courts/procedure-rules/civil
All proposed directions for fast track cases must be based on CPR Part 28.
Signature
Date
[Claimant][Defendant][Part 20 claimant]
[Legal Representative for the ][1
st
][2
nd
][3
rd
][ ]
Please enter your name, reference number and full postal address including details of telephone, DX,
fax or e-mail
Postcode
If applicable
Telephone no.
Fax no.
DX no.
Your ref.
E-mail
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Directions questionnaire (Fast track and Multi-track) (Cabinet Office)

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Completed 19 April 2021

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