Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Civil Litigation > Directions and Directions Questionnaires > Flashcards

Directions and Directions Questionnaires Flashcards

1
Q

What is the directions questionnaire?

A

The directions questionnaire is a key document completed by the parties once the court has provisionally assigned the case to a track.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When does a court assign a case to a track?

A

This is done once a defence has been filed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Does the court send the directions questionnaire to each party?

A

No, only if a party is unrepresented. Otherwise the parties’ legal representative should obtain the questionnaire themselves.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Where can the parties find the date of return for the directions questionnaire?

A

On the notice of proposed allocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which additional documents are required where a claim has been provisionally allocated to the multi-track?

A

A case summary (if a case management conference is due to occur), a disclosure report, a costs budget and budget discussion report and a draft order for directions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How many parts are there to the directions questionnaire?

A

10 parts labelled A to J

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is part A of the directions questionnaire regarding?

A

Settlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is included in ‘settlement’ on the directions questionnaire?

A

The solicitor must confirm that he has explained to the client, the need to try to settle. The parties should indicate whether or not they wish to settle at this stage. If not, they need to indicate the reasons why they deem this inappropriate. If so, they will also have to indicate if they need a one month stay of proceedings. Part A also allows the parties to request mediation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is part B of the directions questionnaire regarding?

A

Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is included in ‘court’ on the directions questionnaire?

A

Whether there is any reason why the case should be heard in a particular court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is part C of the directions questionnaire regarding?

A

Pre-action protocols

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is included in ‘pre-action protocols’ on the directions questionnaire?

A

Whether the parties have complied with the Practice Direction on Pre-Action Conduct or any relevant pre-action protocol and if not, why

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is part D of the directions questionnaire regarding?

A

Case management information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is included in ‘case management information’ on the directions questionnaire?

A

Whether the parties have made an application to the court, including for summary judgement. Furthermore, this is where a party can object to the provisional allocation of the case with reasons as to why it should be allocated elsewhere

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is part E of the directions questionnaire regarding?

A

Experts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is included in ‘experts’ on the directions questionnaire?

A

Whether they wish to rely on expert evidence at trial, whether they have already provided any other party with a copy of an experts report and whether they consider a single joint expert may be appointed.

17
Q

What is part F of the directions questionnaire regarding?

A

Witnesses

18
Q

What is included in ‘witnesses’ on the directions questionnaire?

A

The parties should name the witnesses of fact they intend to rely on at trial and identify the facts each witness will address

19
Q

What is part G of the directions questionnaire regarding?

A

Trial

20
Q

What is included in ‘trial’ on the directions questionnaire?

A

Here, the parties must give a realistic estimate of how long the trial will last, including time for the judge to read the papers and give judgement

21
Q

What is part H of the directions questionnaire regarding?

A

Costs

22
Q

What is included in ‘costs’ on the directions questionnaire?

A

If a party is legally represented and the case is likely to be allocated to multi-track, his legal advisers must normally file and serve a costs budget

23
Q

What is part I of the directions questionnaire regarding?

A

Other information

24
Q

What is included in ‘other information’ on the directions questionnaire?

A

If a party intends to make any application to the court in the immediate future, he must state its purpose.

25
Q

What is part J of the directions questionnaire regarding?

A

Directions

26
Q

What is included in ‘directions’ on the directions questionnaire?

A

The parties should attempt to agree proposed directions, but whether agreed or not a draft order for directions must accompany the questionnaire

27
Q

For County Court Money Claims, if a party does not comply with the notice of proposed allocation by the specified date what will happen?

A

The court will serve a further notice on that party, requiring him to comply within seven days

28
Q

What happens if after the seven day period the party fails to comply with the second notice?

A

The party’s statement of case is automatically struck out

29
Q

For other claims (besides County Court Money Claims), if a party does not comply with the notice of proposed allocation by the specified date what will happen?

A

The court will make an order which it considers to be appropriate e.g. an order for directions; an order striking out the claim; an order striking out the defence and entering judgement or perhaps listing the case for a case management conference

30
Q

Do the parties see eachother’s questionnaires?

A

Yes, the parties must exchange questionnaires and scrutinise them.

31
Q

What are the standard directions for small claims cases?

A

They can be found in various forms and there are particular directions for claims arising for different small claims e.g. RTAs

32
Q

Can a party vary directions?

A

Certain directions can be varied by written agreement. An application would be required if a party wishes to vary the dates for:

A) The return of pre-trial checklist

B) The trial

C) The trial period

33
Q

How can directions be varied by consent?

A

Where the agreement to vary relates to an act that does not need the court’s consent, the parties need not file their written agreement to vary

34
Q

What happens if a party fails to comply with directions?

A

Any other party may apply for an order enforcing compliance and/or for a sanction to be imposed

35
Q

What does the pre-trial checklist help with?

A

The purpose of the pre-trial checklist is to ensure that directions have been complied with so that a date for trial can be set

36
Q

If a party fails to comply with directions, can the trial date be changed?

A

The trial date is sacrosanct and the court will not allow failure to comply with directions to lead to the postponement of the trial, unless the circumstances are exceptional

Civil Litigation (20 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions