Mcol - n181-draft of order of directions

BrettH

Firstly I'd like to apologise in advance . I'm sure I will have made some mistake from the correct forum place to misunderstanding the legal terminology I'm about to ask your advice on.

I have started court proceedings to take a second hand car dealer to court for mis-selling me a car. They advised the car came with a full service history and after nearly 6 months of constant communications on my behalf they finally admitted the car actually had a 7 year gap in the cars service history. I immediately advised they missold and therefore there was a breach of contract. The refused to take the car back and I was left with no option but to make it a legal matter.

I have received form N181 but I've managed to stumble through but the part I'm really struggling with is section 'J' which asks for "Draft of the order for directions". I have tried to read the legal content online 'CPR PART 28' but I'm still have no idea what its actually asking or how I'm meant to word what they're asking for.

Any help would be greatly appreciated.

Brett

Coupon-mad

Hmmm, this is not the right forum as your query is not about parking defences.

I would ask on Legal Beagles forum! Google it. They deal with all such stuff.

A draft Order for Directions is your draft of what you WANT the Judge to Order (i.e. put the words into the Judge's mouth and leave them to fill the actual dates in!) and I don't think it is mandatory, but see what Legal Beagles say.

BrownTrout

So is this a multi track or a fast track case ? Fast track as a guess
different to what you see on here.

BrettH

It's been categorised as fast track.

BrownTrout

There is a pretty standard list of directions which can be found when filling this out.
You need to be on the ball with these cases. In addition costs are very different to small claims track.
https://www.franciswilksandjones.co.uk/site/our_services/debt_claims/county-court/further-information-cc/can-i-recover-my-legal-costs-in-the-cc-fast-track.html

BrettH

I've had a good search but still not able to find this list.

KeithP

It was said earlier...

You have posted on a board about parking. Your issue is not about parking.

BrettH

Thank you for your input Keith

BrownTrout

Ok this is for multi track but these are standard ones for multi track, so make the adjustment and use what you think should be in
ORDER
In the Xxxxx County Court
District Judge Xxxxx
Case number: XXxxxx

Parties X Claimant
Y Defendant

Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.
On xxxx
District Judge Xxxxx sitting at Xxxxx, considered the papers in the case and
ordered that:
1) The Claim is allocated to the Multi-Track and is assigned to His Her Honour District Judge Xxxxx for case management.
2) At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal; such witness statement must not be shown to the trial judge until questions of costs arise.
3) Disclosure of documents will be dealt with as follows:
a) by 4pm on xxxx the parties must give to each other standard disclosure of documents by list and category.
b) by 4pm on xxxx any request must be made to inspect the original of, or to provide a copy of, a disclosable document.
c) any such request unless objected to must be complied with within 14 days of the request.
d) by 4pm on xxxx each party must serve and file with the Court a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm there are no such issues, following Practice Direction 31B.
4) Evidence of fact will be dealt with as follows:
a) by 4pm on xxxx all parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence.
b) Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the Court.
c) Evidence of fact is limited to xx witnesses on behalf of each party.
d) Witness statements must not exceed xx pages of A4 in length.
5) No expert evidence is necessary.
6) Schedules of Loss must be updated as follows:
a) by 4pm on xxxx the Claimant must send an up to date schedule of loss to each other party.
b) by 4pm on xxxx a Defendant, in the event of challenge, must send an up to date counter-schedule of loss to the Claimant.
7) The trial will be listed as follows.
a) The trial window is between xxxx and xxxx inclusive.
b) The estimated length of trial is xx day s.
c) By 4pm on xxxx the parties must file with the court their availability for trial, preferably agreed and with a nominated single point of contact. They will be notified of the time and place of trial.
d) By 4pm on xxxx pre-trial check lists must be sent to the court.
8) Pre-trial directions are as follows:
a) There will be a pre-trial review 4 weeks before the trial window starts with a time estimate of 30 minutes.
b) The pre-trial review will may be conducted by telephone if the parties so agree, unless the court orders otherwise. The Claimant must make the relevant arrangements in accordance with Practice Direction 23A Civil Procedure Rules.
c) At least 3 clear days before the pre-trial review the Claimant must file and send to the other party or parties preferably agreed and by email:
i) draft directions
ii) a chronology
iii) a case summary.
9) The trial directions are as follows:
a) Not more than 7 nor less than 3 clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents, which complies with the requirements of Rule 39.5 Civil Procedure Rules and Practice Direction 39A. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include:
i) a chronology.
ii) a trial timetable.
b) the parties must file with the court and exchange skeleton arguments at least 3 days before the trial by email.
10) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this Order.

BrownTrout

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions