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Cagger since : Jul 2006
Posts : 49 (0.01 post per day)
Re: What is a Pre Trial Review?
I got the same thing at the beginning of this week I did ask the question at the link below but as yet no replys, I expect with the weather and all that people have been a bit busy this week. I have looked on the forum but cant find anything specific, knowing the helpful people on this forum I'm sure someone will give a few pointers soon http://www.consumeractiongroup.co.uk...boy#post496055
Cagger since : Nov 2006
Posts : 318 (0.09 post per day)
Re: What is a Pre Trial Review?
Hi. They are not the same.
A pre-trial review is for cases allocated to the multi-track and is dealt with in CPR29 and is a case management conference in Civil Proceedings. I suggest you contact the court manager and ask for clarification. You must attend.
A preliminary hearing is for cases in the small claims and is dealt with by CPR 27.The CPR Rule 27.6 states:
(1)The court may hold a preliminary hearing for the consideration of the claim, but only –
(i)it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and
(ii)it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or
(b)to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or
(c)to enable it to strike out (GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.
(2)When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.
(3)Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.
(4)The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.
(5)At or after the preliminary hearing the court will –
(a)fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;
(b)inform them of the amount of time allowed for the final hearing; and
(c)give any appropriate directions.
Note the bit about striking out! PRELIMINARY HEARINGS ARE NOT THE NORM! You should have been given a reason for the hearing with the notification of it. If not you need to contact the court at once to find out why one has been ordered. With a bit of luck maybe the judge is considering striking out the defence! See Judge Tooms and Lincoln county court and kazzaw!
You must be prepared to answer any questions the judge puts to you, these are not a formality.