Fast Track Directions Questionnaire - Form N181 Section J

[pastie321]

I'm completing form N181 Directions Questionnaire for a Fast Track Housing Disrepair case in which I'm the Claimant

This has been straightforward until the very final section J where it states:

"You must attempt to agree proposed directions with all other parties.

Whether agreed or not a draft of the order for directions which you seek must accompany this form"

I'mlooking for an example of 'standard directions' for a Fast Track case but cannot locate any.

CPR PD 27A gives an example of Standard Directions for a Small Claims Track under Appendix B, but I cannot see an equivalent for a Fast Track claim under CPR PD 28.

The Justice website also has a standard directions order template to use in multi-track housing disrepair claim:

https://www.gov.uk/government/public...rection-orders

Can anyone suggest where I may locate an example of Standard Directions for a Fast Track claim please?

TIA.

[echat11]

Posted for information only -

https://helix-law.co.uk/how-to-fill-...questionnaire/

https://england.shelter.org.uk/profe...news_july_2022

https://www.lawble.co.uk/directions-questionnaire/

[pastie321]

Thanks ECHAT11, all really useful information on completing the Directions Questionnaire.

Unfortunately none of these sources provides detailed insight into preparing a draft Order for Directions as specified in section J.

I find it odd that CPR and the Justice website have templates for the Small Claims and Multi Track, but not Fast Track. I did find a link on a legal article that tried to take me to an Appendix within CPR PD 28, but no such Appendix exists, so possibly this was removed in a revision of this section?

Is there any way to look at archived versions of CPR?

[echat11]

Thanks ECHAT11, all really useful information on completing the Directions Questionnaire.

Unfortunately none of these sources provides detailed insight into preparing a draft Order for Directions as specified in section J.

I find it odd that CPR and the Justice website have templates for the Small Claims and Multi Track, but not Fast Track. I did find a link on a legal article that tried to take me to an Appendix within CPR PD 28, but no such Appendix exists, so possibly this was removed in a revision of this section?

Is there any way to look at archived versions of CPR?

Read the whole thread, good pointers, Draft Directions post no 10.

https://legalbeagles.info/forums/for...form-n181-help

[R0b]

I find it odd that CPR and the Justice website have templates for the Small Claims and Multi Track, but not Fast Track. I did find a link on a legal article that tried to take me to an Appendix within CPR PD 28, but no such Appendix exists, so possibly this was removed in a revision of this section?

You need to read the CPR carefully. Fast Track and Multi Track directions are similar so there is no need to have the same set examples of directions for both. CPR 28.14 actually tells you what needs to be included in directions.

You might find the following links useful, in particular the last link which provides a set of model directions for different disputes, one of those model directions relate to housing disrepair. I suggest you use that as a starting point along with the other links to draft your proposed directions. The second link is a more detailed version of the first with extra examples of directions.

https://www.justice.gov.uk/courts/pr...ctions/general

https://www.gov.uk/government/public...ard-directions

https://www.gov.uk/government/collec...il-court-cases

[pastie321]

Thank you to both ROB and ECHAT11 - incredibly useful information.

Based on this I've drafted the following, would either of you be so kind as to give this the once over and let me know if you think I've missed anything please?

On ______________________ 2024 District Judge xxx sitting at xxxx County Court, xxxxxx
Ordered that;
1. The claim is allocated to the Fast Track and is assigned to His Honour District Judge xxxx for case management.

2. At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal ; such witness statement must not be shown to the trial judge until questions of costs arise.

3. By 4pm on xxxx any party asserting a breach of the Pre-Action Protocol for Housing Disrepair cases (Wales) must serve a statement setting out the alleged breach and its effect. A response to the statement must be served within 14 days of receipt and the papers referred by the asserting party to the Court for further directions.

4. A Scott Schedule must be prepared and must contain column headings as set out on the draft attached to this order. The schedule is to be completed as follows:

a. The Claimant must forward the schedule to the Defendant having completed columns 1 to 3 inclusive by 4pm on xxxx.
b. The Defendant must return the schedule to the Claimant having completed columns 4 and 5 by 4pm on xxxx.
c. The Claimant must return the schedule to the Defendant having completed columns 6 to 11 inclusive by 4pm on xxxx.
d. The Defendant must return the schedule having completed column 12 by 4pm on xxxx.

5. Disclosure of Documents will be dealt with as follows

a. By 4pm on ___________________ both parties must give each other standard disclosure of documents lists
b. By 4pm on ____________________ any request to inspect the original of, or to provide a copy of, a disclosable document must be made.
c. Any such request, unless objected to, must be complied with within 14 days of the request.
d. by 4pm on xxxx each party must serve and file with the Court a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm there are no such issues, following Practice Direction 31B.

6. Evidence of fact will be dealt with as follows;

a. By 4pm on ______________ both parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence.
b. Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the Court.

7. Expert evidence is directed as follows:
a. The parties have permission to rely on the jointly instructed written evidence of an expert surveyor and valuer on the following issues:
i. The cause of damp in the southwest corner of the main bedroom of xxx (‘The Property’).
ii. The recommended course of action that should have been followed to alleviate the cause of damp in the southwest corner of the main bedroom of the Property.
iii. The cause of the mould present in the kitchen, bathroom and corridor of the property.
iv. If the mould present in the kitchen, bathroom and corridor of the property has not been directly caused by the damp in the southwest corner of the main bedroom, whether the damp in the main bedroom has exacerbated the mould in the other rooms.
v. The likely purpose of the holes made by the Defendant in the outer South-facing wall of the main bedroom, subsequently covered by wooden boards with holes made in them and the impact these would have had on the damp and mould visible within the property.
b. By xxxx the expert should be agreed and instructed, and if no expert has been instructed by that date the Claimant must apply to court by 4pm the following day for further directions.
c. By xxxx the expert will report to the instructing parties.
d. By xxxx the parties may put written questions to the expert.
e. By xxxx the expert will reply to the questions.
f. A copy of this order must be served on the expert by the Claimant with the expert's instructions.
g. The expert may apply direct to the court for directions where necessary under Rule 35.14 Civil Procedure Rules.
h. A party seeking to call the expert to give oral evidence at trial must apply for permission to do so before pre-trial check lists are filed.
i. Unless the parties agree in writing or the Court orders otherwise, the fees and expenses of the expert shall be paid by the parties giving instructions for the report in equally.
j. Access must be given for the expert to inspect for items of alleged defect and for any necessary remedial work to be carried out .

8. The Claimant has permission to rely on the expert evidence annexed to the Particulars of Claim. The Defendant may raise written questions of the expert by 4pm on xxxx which must be answered by 4pm on xxxx. No other permission is given for expert evidence.

9. Schedules of Loss must be updated as follows:

a. by 4pm on xxxx the Claimant must send an up to date schedule of loss to each other party.
b. by 4pm on xxxx a Defendant, in the event of challenge, must send an up to date counter-schedule of loss to the Claimant.

10. The trial will be listed as follows.

a. The trial window is between xxxx and xxxx inclusive.
b. The estimated length of trial is 1 day.
c. By 4pm on xxxx the parties must file with the court their availability for trial, preferably agreed and with a nominated single point of contact. They will be notified of the time and place of trial.
d. By 4pm on xxxx pre-trial check lists must be sent to the court.

11. The trial directions are as follows:
a. Not more than 7 nor less than 3 clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents, which complies with the requirements of Rule 39.5 Civil Procedure Rules and Practice Direction 39A. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include:
i. a case summary;
ii. a chronology.
b. the parties must file with the court and exchange skeleton arguments at least 3 days before the trial by email.

12. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this Order.