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The parties should, as far as possible, try to agree the directions and timetable for the
case in the light of the information exchanged via the questionnaire. The
questionnaire should first be completed by the plaintiff. Its content is to be decided in
consultation with the legal profession and other major court users, but it is likely to
touch upon topics such as the following :-
(a)
whether the parties are presently or anticipate that later they will be legally
represented;
(b)
whether the parties have attempted ADR (giving details) and if not, whether any
of the parties has offered to or is willing to engage in ADR (giving details);
(c)
whether any persons are intended to be joined as parties or brought in as Third
Parties;
(d)
whether any interlocutory applications are intended or outstanding;
(e)
whether any amendments to the pleadings are intended;
(f)
whether requests for further and better particulars of the pleadings are intended
or outstanding;
(g)
whether interrogatories are likely to be served or outstanding;
(h)
whether any directions for modifying discovery obligations or the manner of
their implementation are proposed with a view to achieving economies in
respect of discovery;
(i)
the approximate volume of the documents considered relevant to the case and
how much time it would take to assemble and list them;
(j)
the number of factual witnesses likely to be called;
(k)
how long it is likely to take to prepare witness statements for such witnesses;
(l)
whether expert evidence may be needed, in what fields and broadly in relation
to what matters;
Notes
See Section 29 for a discussion of ADR in the context of the civil justice system.
See Recommendation 76.
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