Directions questionnaire HELP!

mima

I hope someone can help!

I have been sent the above questionnaire (form N181) and I've managed to decipher and answer most of the questions but one has me completely stamped:

K Directions
"You must attempt to agree proposed direction with all other parties. Whether agreed or not a draft of the order for direction which you seek must accompany this form.
It is the bold text which neither I nor any one else I asked can make any sens of.

Any one here who can translate legal to plain English?
PLEASE!!!

G_M

Might help if you give us the context...

Are you a landlord seeking possession? Are you trying to get the claim allocated to the Fast Track.....?

But it seems you (or another party/person) are seeking direction from a court for something....?

Clearly you need to tell the court what it is you want ie what direction you seek.

Ideally you should agree this with all others first, but if you can't agree you still need to state what direction you want.

TBagpuss

Directions are the orders you are asking the court to make, not as a final outcome, but orders as to how the case will progress - for instance, if you want to be able to file statements you would ask the court to direct (make a direction order) that statements be filed by a certain date, if there needs to be an inspection or valuation of the property you would ask the court to state that, and if necessary to say which company would carry out the valuation and how the costs will be split, and so on.

you and the other person involved can agree on what directions are needed (for instance, if you both agree that statements will be needed) but you still need to prepare a draft of the order you want.

Thrugelmir

Is the other party legally represented?

mima

It's a boundary dispute (a long story), no solicitors are involved.
I filed a claim, the neighbors filed a defense and this form arrived.

mima

TBagpuss wrote: »

Directions are the orders you are asking the court to make, not as a final outcome, but orders as to how the case will progress - for instance, if you want to be able to file statements you would ask the court to direct (make a direction order) that statements be filed by a certain date, if there needs to be an inspection or valuation of the property you would ask the court to state that, and if necessary to say which company would carry out the valuation and how the costs will be split, and so on.

you and the other person involved can agree on what directions are needed (for instance, if you both agree that statements will be needed) but you still need to prepare a draft of the order you want.

This is where I get lost;
I have given all the facts in my claim, the defendants have submitted all their defense details, so what exactly am I or we asked to to do at this stage?
Or are statements different to statements of facts?
Is there somewhere an example of this particular draft?
I have goggled for the last few days but can not find anything remotely helpful.

By the way, this has been allocated to fast track, if that makes any difference.

Thrugelmir

4.6 Attention is drawn to rule 29.4, which provides that parties must endeavour to agree appropriate directions for the management of the proceedings, and requires the agreed directions or proposals to be submitted to the court within a specified time period.
4.7
(1) To obtain the court’s approval the agreed directions must –
(a) set out a timetable by reference to calendar dates for the taking of steps for the preparation of the case,
(b) include a date or a period (the trial period) when it is proposed that the trial will take place,
(c) include provision about disclosure of documents, and
(d) include provision about both factual and expert evidence.
(2) The court will scrutinise the timetable carefully and in particular will be concerned to see that any proposed date or period for the trial and (if provided for) for a case management conference is no later than is reasonably necessary.
(3) The provision in (1)(c) above may –
(a) limit disclosure to standard disclosure or less than that, and/or
(b) direct that disclosure will take place by the supply of copy documents without a list, but it must in that case say either that the parties must serve a disclosure statement with the copies or that they have agreed to disclose in that way without such a statement.
(4) The provision in (1)(d) about expert evidence may be to the effect that none is required.
4.8 Directions agreed by the parties should also where appropriate contain provisions about:
(1) the filing of any reply or amended statement of case that may be required,
(2) dates for the service of requests for further information under Practice Direction 18 and of questions to experts under rule 35.6 and by when they are to be dealt with,
(3) the disclosure of evidence,
(4) the use of a single joint expert, or in cases where it is not agreed, the exchange of expert evidence (including whether exchange is to be simultaneous or sequential) and without prejudice discussions between experts.
(see paragraphs 6, 7 and 9 of Practice Direction 35)
4.9 If the court does not approve the agreed directions filed by the parties but decides that it will give directions of its own initiative without fixing a case management conference, it will take them into account in deciding what directions to give.
4.10 Where the court is to give directions on its own initiative without holding a case management conference and it is not aware of any steps taken by the parties other than the exchange of statements of case, its general approach will be:
(1) to give directions for the filing and service of any further information required to clarify either party’s case,
(2) to direct standard disclosure between the parties,
(3) to direct the disclosure of witness statements by way of simultaneous exchange,
(4) to give directions for a single joint expert on any appropriate issue unless there is a good reason not to do so,
(5) unless paragraph 4.11 (below) applies, to direct disclosure of experts’ reports by way of simultaneous exchange on those issues where a single joint expert is not directed,
(6) if experts’ reports are not agreed, to direct a discussion between experts for the purpose set out in rule 35.12(1) and the preparation of a statement under rule 35.12(3),
(7) to list a case management conference to take place after the date for compliance with those directions,
(8) to specify a trial period; and
(9) in such cases as the court thinks appropriate, the court may give directions requiring the parties to consider ADR. Such directions may be, for example, in the following terms:
The parties shall by [date] consider whether the case is capable of resolution by ADR. If any party considers that the case is unsuitable for resolution by ADR, that party shall be prepared to justify that decision at the conclusion of the trial, should the judge consider that such means of resolution were appropriate, when he is considering the appropriate costs order to make.
The party considering the case unsuitable for ADR shall, not less than 28 days before the commencement of the trial, file with the court a witness statement without prejudice save as to costs, giving reasons upon which they rely for saying that the case was unsuitable.
4.11 If it appears that expert evidence will be required both on issues of liability and on the amount of damages, the court may direct that the exchange of those reports that relate to liability will be exchanged simultaneously but that those relating to the amount of damages will be exchanged sequentially.
4.12
(1) If it appears to the court that it cannot properly give directions on its own initiative and no agreed directions have been filed which it can approve, the court will direct a case management conference to be listed.
(2) The conference will be listed as promptly as possible.
4.13 Where the court is proposing on its own initiative to make an order under rule 35.7 (which gives the court power to direct that evidence on a particular issue is to be given by a single expert) or under rule 35.15 (which gives the court power to appoint an assessor), the court must, unless the parties have consented in writing to the order, list a case management conference.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29/pd_part29

mima

Thrugelmir wrote: »

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29/pd_part29

Do these apply equally to fast track cases?

Thrugelmir

mima wrote: »

Do these apply equally to fast track cases?

Have you read Part 28.

thequant

mima wrote: »

This is where I get lost;
I have given all the facts in my claim, the defendants have submitted all their defense details, so what exactly am I or we asked to to do at this stage?
Or are statements different to statements of facts?
Is there somewhere an example of this particular draft?
I have goggled for the last few days but can not find anything remotely helpful.

By the way, this has been allocated to fast track, if that makes any difference.

yes it does, small claims the court pretty much dictates the process, although you have the benefit that if things go pear shaped you wont be liable for costs. hence you don't need a solicitor and are expected to be a litigant in person.


Fast track is different you can get hit for costs if you lose, but claim for cost if you win. Albeit they are limited in a fast track case.


although not compulsory to have legal representation for fast track (many people do it LIP), you should have had some sort of legal advice before embarking on this, otherwise you end up asking the sort of question you did in the OP.


To answer the question.


a draft order is something you fill out which you ask the court to approve.


a direction is something you are asking the court to do in your case.


"Must accompany this form" means you must do it!


sorry but we need more info before anyone can help further.


It sounds like you have asked the court for something, what is it ?


What is the value of this case (I presume greater than £10k?)


Have you got any legal representation or sought any legal advice ?

jjlandlord

I think that at this stage the relevant CPR is part 26 (case management - Preliminary stage), especially 26.3, which defines the procedure for a directions questionnaire to be served if a defence is filed:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26/pd_part26

I understand that boundary disputes are very often a pain. A solicitor may come in handy.

At the very least OP should invest in a few good books about civil procedure and the fast track, because it seems clear that he does not understand the procedure.