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638329
Allocation Part 7
Description
Civil litigation Mind Map on Allocation Part 7, created by hargreas on 15/03/2014.
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civil litigation
civil litigation
Mind Map by
hargreas
, updated more than 1 year ago
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Created by
hargreas
almost 11 years ago
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Resource summary
Allocation Part 7
If at least one D files a defence and the time for any other d';s to file has expiured
court officer will provisionally decide a track AND
Serve on all P a NOTICE OF PROPOSED ALLOCATION
Requires all P to file a DIRECTIONS QUESTIONNAIRE to be returned by a specific date
Fast and Multi N181
Small claims N180
If parties do not complete
Designated money claims
further notice giving 7 days
P's statement of case struck out
Other claims
Court will make an appropriate order
order for directions
Order striking out claim
Order striking out defence and entering judgment
listing the case for CMC
Claimant usually pays an allocation fee
If do not pay
warning sent
if ignored - claim struck out
can be re-instated if fee then paid
UNLESS directions already given for example after a dismiss app for summary judgment
assess monetary value of claim
disregard any amount not in dispute
disregard any claim for interest or costs
disregard allegation of counterclaim
claims with monetary value usually allocated to Normal track for that claim
no financial value? - judge will allocate to most suitable
regard to discretionary factors
nature of remedy sought
complexity
number of parties
value of CC
amount of oral evidence likely
importance of claim to non-parties
view of the parties
circumstances of the parties
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