PART 26CASE MANAGEMENT—PRELIMINARY STAGE

Allocation26.5

1

The court will allocate the claim to a track—

a

when every defendant has filed an allocation questionnaire, or

b

when the period for filing the allocation questionnaires has expired,

whichever is the sooner, unless it has—

i

stayed(GL) the proceedings under rule 26.4; or

ii

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.