26.2
|
(1)
|
This rule applies to proceedings where -- the claim is for a specified amount of
money;
- the claim was commenced in a court which is not
the defendants home court;
- the claim has not been transferred to another
defendants home court under rule 13.4 (application to set
aside(GL) or vary default judgment - procedure) or
rule 14.12 (admission - determination of rate of payment by judge);
and
- the defendant is an individual.
|
|
(2)
|
This rule does not apply where the claim was commenced
in a specialist list(GL).
|
|
(3)
|
Where this rule applies, the court will transfer the
proceedings to the defendants home court when a defence is filed, unless
paragraph (4) applies.
|
|
(Rule 2.3 defines defendants home
court)
|
|
(4)
|
Where the claimant notifies the court under rule 15.10
or rule 14.5 that he wishes the proceedings to continue, the court will
transfer the proceedings to the defendants home court when it receives
that notification from the claimant.
|
|
(Rule 15.10 deals with a claimants notice where
the defence is that money claimed has been paid)
|
|
(Rule 14.5 sets out the procedure where the defendant
admits part of a claim for a specified amount of money)
|
|
(5)
|
Where -- the claim is against two or more defendants with
different home courts; and
- the defendant whose defence is filed first is an
individual,
proceedings are to be transferred under this rule to
the home court of that defendant.
|
|
(6)
|
The time when a claim is automatically transferred
under this rule may be varied by a practice direction in respect of claims
issued by the Production Centre.
|
|
(Rule 7.10 makes provision for the Production
Centre)
|
26.3
|
(1)
|
When a defendant files a defence the court will serve
an allocation questionnaire on each party unless -- rule 15.10 or rule 14.5 applies; or
- the court dispenses with the need for a
questionnaire.
|
|
(2)
|
Where there are two or more defendants and at least one
of them files a defence, the court will serve the allocation questionnaire
under paragraph (1) -- when all the defendants have filed a defence;
or
- when the period for the filing of the last
defence has expired,
whichever is the sooner.
|
|
(Rule 15.4 specifies the period for filing a
defence)
|
|
(3)
|
Where proceedings are automatically transferred to the
defendants home court under rule 26.2, the court in which the
proceedings have been commenced will serve an allocation questionnaire before
the proceedings are transferred.
|
|
(4)
|
Where -- rule 15.10 or rule 14.5 applies; and
- the proceedings are not automatically transferred
to the defendants home court under rule 26.2,
the court will serve an allocation questionnaire on
each party when the claimant files a notice indicating that he wishes the
proceedings to continue.
|
|
(5)
|
The court may, on the application of the claimant,
serve an allocation questionnaire earlier than it would otherwise serve it
under this rule.
|
|
(6)
|
Each party must file the completed allocation
questionnaire no later than the date specified in it, which shall be at least
14 days after the date when it is deemed to be served on the party in
question.
|
|
(7)
|
The time when the court serves an allocation
questionnaire under this rule may be varied by a practice direction in respect
of claims issued by the Production Centre.
|
|
(Rule 7.10 makes provision for the Production
Centre)
|
|
(Rule 6.7 specifies when a document is deemed to be
served)
|
26.4
|
(1)
|
A party may, when filing the completed allocation
questionnaire, make a written request for the proceedings to be
stayed(GL) while the parties try to settle the case by
alternative dispute resolution(GL) or other means.
|
|
(2)
|
Where -- all parties request a
stay(GL) under paragraph (1); or
- the court, of its own initiative, considers that
such a stay would be appropriate,
the court will direct that the proceedings be stayed
for one month.
|
|
(3)
|
The court may extend the stay(GL)
until such date or for such specified period as it considers
appropriate.
|
|
(4)
|
Where the court stays(GL) the
proceedings under this rule, the claimant must tell the court if a settlement
is reached.
|
|
(5)
|
If the claimant does not tell the court by the end of
the period of the stay(GL) that a settlement has been
reached, the court will give such directions as to the management of the case
as it considers appropriate.
|
26.5
|
(1)
|
The court will allocate the claim to a track
-- when every defendant has filed an allocation
questionnaire, or
- when the period for filing the allocation
questionnaires has expired,
whichever is the sooner, unless it has -- stayed(GL) the
proceedings under rule 26.4; or
- dispensed with the need for allocation
questionnaires.
|
|
(Rules 12.7 and 14.8 provide for the court to allocate a
claim to a track where the claimant obtains default judgment on request or
judgment on admission for an amount to be decided by the court)
|
|
(2)
|
If the court has stayed(GL) the
proceedings under rule 26.4, it will allocate the claim to a track at the end
of the period of the stay.
|
|
(3)
|
Before deciding the track to which to allocate
proceedings or deciding whether to give directions for an allocation hearing to
be fixed, the court may order a party to provide further information about his
case.
|
|
(4)
|
The court may hold an allocation hearing if it thinks
it is necessary.
|
|
(5)
|
If a party fails to file an allocation questionnaire,
the court may give any direction it considers appropriate.
|
26.6
|
(1)
|
The small claims track is the normal track for
-- any claim for personal injuries where
-
- the financial value of the claim is not
more than £5,000; and
- the financial value of any claim for
damages for personal injuries is not more than £1,000;
- any claim which includes a claim by a tenant of
residential premises against his landlord where -
- the tenant is seeking an order requiring
the landlord to carry out repairs or other work to the premises (whether or not
the tenant is also seeking some other remedy);
- the cost of the repairs or other work to
the premises is estimated to be not more than £1,000; and
- the financial value of any other claim for
damages is not more than £1,000.
|
|
(Rule 2.3 defines claim for personal
injuries as proceedings in which there is a claim for damages in respect
of personal injuries to the claimant or any other person or in respect of a
persons death)
|
|
(2)
|
For the purposes of paragraph (1) damages for
personal injuries means damages claimed as compensation for pain,
suffering and loss of amenity and does not include any other damages which are
claimed.
|
|
(3)
|
Subject to paragraph (1), the small claims track is the
normal track for any claim which has a financial value of not more than
£5,000.
|
|
(Rule 26.7(4) provides that the court will not allocate
to the small claims track certain claims in respect of harassment or unlawful
eviction)
|
|
(4)
|
Subject to paragraph (5), the fast track is the normal
track for any claim -- for which the small claims track is not the
normal track; and
- which has a financial value of not more than
£15,000.
|
|
(5)
|
The fast track is the normal track for the claims
referred to in paragraph (4) only if the court considers that -- the trial is likely to last for no longer than
one day; and
- oral expert evidence at trial will be limited to
-
- one expert per party in relation to any
expert field; and
- expert evidence in two expert
fields.
|
|
(6)
|
The multi-track is the normal track for any claim for
which the small claims track or the fast track is not the normal track.
|