Thread: Jax1964 T/A account v Abbey (Fast Track)

I have just receicved my notice of allocation to Fast Track with my claim against Abbey and my 'Trading As' account. I am ok with points 1, 2 & 3 but can anyone offer help with points 4, 5, 6.

• 1.District Judge Field has considered the statements of case and allocation questionnaires filed, and allocated the claim to the fast track

• 2.Each party by 4pm on 2nd March 2007 give standard disclosure to every other part by list. Any requests for inspection or copies of disclosed documents shall be made within 7 days after service of the list.

• 3.Each party by 4pm on 2nd May 2007 by simultaneous exchange serve on every other party the witness statements of the evidence on which that party intends to rely in relation to any issues of fact to be decided at the trial, and any notices of intention to rely on hearsay evidence.

• 4.Evidence shall be given by the report of a single expert instructed jointly by the parties, in the field of Accountancy, on the issue of the Defendants charges, namely an analytic and forensic accountant.

Each party shall give his instructions to the expert by 4pm on 21st March 2007. The report must be filed by 4pm on 18th April 2007

The evidence shall be given at the trial by written report unless permission is given prior to the trial for oral evidence. Any application for such permission to be given must be made on or before the filing of Pre-Trial Checklists.

• 5.Any party may put written questions to the Accountant by 4pm on 9th May 2007, which shall be answered within 21 days.

• 6.The Claimant by 4pm on 13th June 2007 serve on the Defendant an (updated) schedule of past and future losses such statement to specify the amount claimed for each item of financial loss and the period for which it is claimed and to be accompanied by copies of all documents not already served which are relied upon in support of the Claimant's case.

• 7.The Defendant by 4pm on 27th June 2007 serve on the Defendant an (updated) counter schedule of past and future losses setting out which items are agreed and which are disputed, giving reasons where there is a dispute, such counter schedule to be accompanied by copies of all documents not already served which are relied upon in support of the Defendant's case.

• 8.Pre-trial Checklists to be sent to the parties by 4pm on 25th July 2007 and the completed Pre-Trial Checklists shall be filed by 4pm on 8th August 2007. The Claimant must file with the checklists:-

a)copies of all statements of case (including schedules), witness statements and export reports, which have not already been filed

b)a case summary not exceeding 500 words and draft listing directions which must include or attach a proposed trial timetable, allowing for all stages of the trial including the judge's reading time, and consideration and delivery of the judgement. These documents must be agreed with the other party or parties if possible. If not agreed the Claimant must explain.


9.If the claim or part of the claim is settled the parties must immediately inform the Court, whether or not it is then possible to file a draft Consent order to give effect to the settlement. Note that the listing fee will be refunded if the Court is notified at least 14 days before the trial date of settlement or discontinuation

IMPORTANT NOTICE

• 10.The parties' attention is drawn to their duty under CPR1.3 to help the court further the overriding objective, which includes ensuring that the case is dealt with expeditiously.

The parties may agree in writing to vary the timetable but NOT so as to alter the date for return of Pre-Trial Checklists, a pre-trial review, a case management conference or the trial date or trial window.

Any failure to attend, or to file the Pre-Trial Checklist, is likely to result WITHOUT FURTHER WARNING in a sanction, which may, under CPR3.4 include STRIKING OUT of the defaulting party's case.

The trial of this claim will take place during the period commencing 29 August 2007 at a venue to be notified with a time estimate of 1 day.

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