638329
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
- P's statement of case struck out
- further notice giving 7 days
- 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
- order for directions
- Court will make an
appropriate order
- Designated
money claims
- 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
- can be re-instated if
fee then paid
- if ignored - claim struck out
- warning sent
- If do not pay
- Fast and Multi N181
- UNLESS directions already given for
example after a dismiss app for
summary judgment
- Requires all P to file a
DIRECTIONS
QUESTIONNAIRE to
be returned by a
specific date
- court officer will provisionally
decide a track AND
- 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
- nature of
remedy sought
- regard to discretionary factors
- disregard any
amount not in
dispute
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