ONE DIRECTION SINGING FROM THE SAME HYMN SHEET ?

Mediatelegal

THE USE OF STANDARD DIRECTIONS

 

I have put the standard directions as a link because they will normally be the first port of call for anyone drafting directions (and I once spent a frustrating half hour trying to find them).

 

The Practice Direction to Part 26 envisages that the standard directions will form the basis of most orders, particularly at the early stages of an action. Apparently District Judges get frustrated by being presented with two different sets of directions from each party and then having to cherry pick between the two. The Practice Direction imposes a duty to consult and co-operate in relation to draft directions. The “parties must” try to agree case management directions in advance.

 

2.3

Consultation

(1) The parties parties must consult one another and co-operate in completing the allocation questionnaires and giving other information to the court.

(2) They parties must try to agree the case management directions which they will invite the court to make. Further details appear in the practice directions which supplement Parts 28 and 29.

(Specimen directions for a case which is allocated to the multi-track are available on the Justice website at: www.justice.gov.uk/courts/procedure-rules/civil)

(3) The process of consultation must not delay the filing of the the directions questionnaire or, where required, the proposed directions (whether or not agreed).

 

 

If the parties cannot agree directions it is still wiser to submit one document with those directions that are agreed and those that are not. Ultimately this will save a great deal of time. The judge will only need to look at one document.