The Civil Procedure Rules 1998

[F1 SECTION IV E+W Provisions Applying Only to Cases Allocated to the Intermediate Track

Textual Amendments

F1 Pt. 28 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 2 (with rule 2)

Case management conference E+W

28.12.   The court [F2 may] fix a case management conference and may fix a pre-trial review.

Textual Amendments

F2 Word in rule 28.12 substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 7(2)

Agreement of directions E+W

28.13.   The parties must endeavour to agree appropriate directions for the management of the proceedings and submit agreed directions, or their respective proposals to the court at least seven days before any case management conference. Where the court approves agreed directions, or issues its own directions, the parties shall be so notified by the court and the case management conference will be vacated accordingly.

Directions E+W

28.14.— (1) The matters to be dealt with by directions under rule 28.2(1) include—

(a) disclosure of documents;

(b) service of witness statements;

(c) expert evidence;

(d) whether to fix a pre-trial review; and

(e) listing the case for trial.

(2) The following provisions apply in respect of directions in the intermediate track—

(a) oral expert evidence is limited to one witness per party, save where the oral evidence of a second expert for any party is reasonably required and is proportionate; and

(b) the trial time estimate must not exceed 3 days.

(3) The following provisions apply in respect of directions in the intermediate track, unless the court orders otherwise—

(a) rules 28.2(3) and (4) apply in respect of disclosure;

(b) the total length of all the permitted witness statements and witness summaries of a party shall not exceed 30 pages; and

[F3 (c) any expert report shall not exceed 20 pages—

(i) including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and the reasons for those conclusions; but

(ii) excluding the expert’s curriculum vitae, any supporting materials to which the reasons for their conclusions refer and any necessary photographs, plans and academic articles attached to the report.]

Textual Amendments

F3 Rule 28.14(3)(c) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 7(3)

Costs E+W

28.15.   The court’s power to award costs is limited in accordance with Section VII and Section IX of Part 45.]