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ALLOCATION
Allocation Questionaire
Before allocating to a track the Court will require both
parties to return a completed Allocation Questioniare within
a specified time. The Questionaire is a detailed form and
the information contained in it will enable the Judge to determine
which track a case should be given. The Claimant is required
to pay a Court fee of £80 on filing the Questionarie.
The form requires the parties to indicate which track the
case is suitable for and state the number of witnesses.
Co-operation is encouraged and the parties should try to
consult and agree on how the form should be compiled, agreeing
details about the case where possible. If draft directions
can be agreed then these should be included together with
a statement of each side's costs. This should indicate the
legal representation the party has and the costs incurred
to date. Parties are required to state whether any pre-action
protocol has been followed, whether the case needs to be transferred
to another court, details about likely witnesses, and any
possible future applications that may be contemplated. The
form also asks whether the parties will agree to a postponement
or stay for an attempt at settlement or Alternative Dispute
Resolution. If both parties agree then the court can stay
the proceedings for one month and this period can be extended
on application if necessary.
Provided all parties have completed a Questionaire on receipt
the Court may issue directions and notice of allocation to
a track. Where not all parties have filed the questionnaire
or there is disagreement between the parties, or there is
an issue which the Judge needs to hear the parties on then
the Court may list the matter for a allocation hearing.
If a party fails to complete and return the allocation questionnaire
the court can make an "Unless Order". This means
that a party's Claim or Defence could be "struck out"
if they fail to return the allocation questionnaire.
The court will consider the following criteria in deciding
on the relevant track:
1. Financial value of the Claim and the amount in dispute.
2. Nature of remedy sought.
3. Likely complexity of the facts/law or evidence.
4. Number of witnesses parties.
5. Value of any Counter-Claim.
6. Amount of oral evidence.
7. Importance of Claim to third parties.
8. Views of parties or circumstances of any of the parties.
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