Blog - Wednesday 14 August 2013

 

 

 

 

 

Given Master McCloud’s ruling in Andrew Mitchell’s libel case against The Sun, Solicitors are panicking.  And rightly so.

CPR 3.13 is clear:

Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets as required by the rules or as the court otherwise directs. Each party must do so by the date specified in the notice served under rule 26.3(1) or, if no such date is specified, seven days before the first case management conference.

The underlined segment is key.  Unless the Court Orders otherwise, the budgets must be served and filed seven days before the first CMC.

Unfortunately the new Directions Questionnaire throws fuel on the fire.   It states (at Section H) “I confirm Precedent H is attached”.  THE DIRECTIONS QUESTIONNAIRE IS WRONG!

You do not attach your Precedent H to the Directions Questionnaire.  I refer you to CPR 3.13 once again.

If you are in any doubt, want reassurance, have any queries or just need a comforting hug – get in touch.