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K9.3. Timetabling and the allocation process under the CPR
| 339. | In the CPR the court is informed about the case by the parties filing an "allocation questionnaire" after all defendants have filed their defences. (Note 290) As appears from the Form in the White Book, (Note 291) the questionnaire seeks information from the parties on such matters as the following :- |
| * | Whether they want the case to be stayed for a month to try to settle it. | |
| * | Whether an application for summary judgment is intended. | |
| * | Who the known witnesses of fact are likely to be. | |
| * | Whether expert evidence is desired, with details of the field of expertise and whether a joint expert is proposed. | |
| * | Whether they expect to be represented by counsel or solicitors. | |
| * | How long the trial is estimated to take. | |
| * | An estimate of costs incurred to date and the estimated likely overall costs. | |
| * | Whether any facts are known which may affect the timetable for the case. |
| 340. | The parties are encouraged to submit any key documents relevant to allocating the case and to try to agree any directions they consider are needed. If the court requires further information about the case, it may require this from the parties. (Note 292) |
| 341. | In England and Wales, this process is intended in the first place to help the procedural judge to decide which "track" the case should be allocated to, different procedural regimes existing for the small claims track (Note 293), the fast track (Note 294) and the multi-track (Note 295) respectively. No such streaming is required in Hong Kong because, as has been pointed out, the Small Claims Tribunal and the District Court already exercise an equivalent jurisdiction over smaller claims as defined by Ordinance. In this context, the CPR's multi-track provisions in Part 29 of the CPR are the most pertinent and the discussion which follows is confined to such provisions. |
Notes
| 290 | CPR 26.3. Case management and timetabling are only necessary where the case is not disposed of by a default or summary judgment. The filing of a defence is an indication that the defendant aims to put up a fight and that the case may need management. <back> |
| 291 | F1-024. <back> |
| 292 | CPR 26.5(3). <back> |
| 293 | For claims of up to £5000. <back> |
| 294 | For claims of between £5001 and £15,000. <back> |
| 295 | For claims of over £15,000. <back> |
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