The Civil Procedure Rules 1998

[F1 Directions questionnaire E+W

26.4.— (1) Subject to rule 26.8, if a defendant files a defence—

(a) a court officer shall—

(i) provisionally decide the track which appears to be most suitable for the claim; and

(ii) serve on each party a notice of proposed allocation; and

(b) the notice of proposed allocation shall—

(i) specify any matter to be complied with by the date specified in the notice;

(ii) require the parties to file a completed directions questionnaire and serve copies on all other parties;

(iii) state the address of the court or the court office to which the directions questionnaire must be returned;

(iv) inform the parties how to obtain the directions questionnaire; and

(v) if a case appears suitable for allocation to the fast track, intermediate track or multi-track, require the parties to file proposed directions by the date specified in the notice.

(2) The court shall serve on any unrepresented party the appropriate directions questionnaire.

(3) Where there are two or more defendants and at least one of them files a defence, the court shall serve the notice under paragraph (1)—

(a) when all the defendants have filed a defence; or

(b) 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.)

(4) If proceedings are automatically transferred under rule 26.2 or rule 26.3 the court in which the proceedings have been commenced—

(a) shall serve the notice of proposed allocation before the proceedings are transferred; and

(b) shall not transfer the proceedings until all parties have complied with the notice or the time for doing so has expired.

(5) If rule 15.10 F2 ... applies, the court shall not serve a notice under rule [F3 26.4(1)] until the claimant has filed a notice requiring the proceedings to continue.

(6) If a notice is served under paragraph (1)—

(a) each party must file, and serve on all other parties, the documents required by the notice by no later than the date specified in it; and

(b) the date specified must be—

(i) if the notice relates to the small claims track, at least 14 days; or

(ii) if the notice relates to the fast track, intermediate track, or multi-track, at least 28 days,

after the date when it is deemed to be served on the party in question.

(7) The date for complying with a notice served under paragraph (1) may not be varied by agreement between the parties.

(8) The time when the court serves a directions questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

(9) If a claim is a claim to which rule 26.3 applies and a party does not comply with the notice served under paragraph (1) by the date specified—

(a) the court shall serve a further notice on that party, requiring them to comply within 7 days; and

(b) if that party fails to comply with the notice served under sub-paragraph (a), the party’s statement of case shall be struck out without further order of the court.

(10) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under F4 ... paragraph (1) by the date specified, the court may make such order as it considers appropriate, including—

(a) an order for directions;

(b) an order striking out the claim;

(c) an order striking out the defence and entering judgment; or

(d) listing the case for a case management conference.

(11) Where a case has been struck out under paragraph (9)(b) or an order has been made under paragraph (10), a party who was in default shall, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.

(Rule 7.10 makes provision for the Production Centre.)

(Rules 6.14 and 6.26 specify when a document is deemed to be served.)]

Textual Amendments

F1 Pt. 26 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 1 (with rule 2)

F2 Words in rule 26.4(5) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 16(4)(a)(i)

F3 Word in rule 26.4(5) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 16(4)(a)(ii)

F4 Word in rule 26.4(10) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 16(4)(b)