Guidance

What to do when a civil court gives you instructions

Published 28 February 2013

Applies to England and Wales

1. About standard directions

This guidance contains examples of standard directions and other frequently used instructions. The explanations will help you understand what you need to do if you receive them.

Directions are instructions that a civil court gives you and the other parties (people) involved in a dispute. The ones you receive are usually based on standard directions that the judge will adjust to your individual case.

Directions:

• clarify which parts of the case are disputed and need a judge’s decision
• enable the court to make suitable arrangements for the hearing, such as allowing enough time and choosing the right level of judge
• help you and other parties understand each other’s case so you can focus on the areas you are disputing

They make sure that everyone involved knows everything to do with the case before a full hearing. This helps the judge to reach a decision but it can also make it easier for the case to be settled without a court hearing.

You will receive directions from the court that are tailored to your case. You must follow them carefully as all parties have a legal duty to help the court and try to reach an agreement.

Directions are usually based on a judge reading documents sent to (filed with) the court in advance but they can also be given during a hearing. If this happens, you must follow any instructions the judge gives you in court as these will take priority.

2. Asking for more directions

You can ask the court for more instructions by applying for further directions. This can be a good way of letting the judge know your concerns, for example, applying promptly for directions to get things back on course if the timetable for the trial is drifting.

You can do this at any time and you should:

• fill in form N244, making sure you read the guidance carefully
• contact the court office to confirm who will deliver a copy of the application to the other parties - you may have to do this yourself

The court office will tell you how much it costs to send in the form (file your application). You may be able to get help paying court fees.

3. Drafting an order

If you asking the Court for directions to help progress your case, you may need to draft an order containing the directions you want and provide this to the judge as part of your application.

Any orders should follow standard wording and layout. You may need legal help to do this. You can base the contents of your order on these standard orders and model paragraphs.

4. Pre-Action Protocols

Pre-Action Protocols contain details of what you (and the other party) must do before your case can go to court.

There are are number of Pre-action Protocols for different kinds of civil court cases but not all cases will have one. View all Pre-Action Protocols.

If you (or the other party) do not carry out the instructions in the Pre-Action Protocol, the judge will take this into account during the court case. You may then have to pay additional costs that result from not completing the instructions or the court may reduce any costs awarded to you. The court may also apply other sanctions.

You can read the Practice Direction on pre-action conduct to find out:

• what you should do, even when there is no Pre-Action Protocol for your kind of case
• about the sanctions the court can apply

5. Witness statements

Witness statements provide a way for people to give evidence to the court.

If you have to produce a witness statement, it should contain the following elements, shown in the order listed:

• start with the name of the case and the claim number
• state the full name and address of the witness
• detail the witness’s evidence clearly in numbered paragraphs on numbered pages
• end with this paragraph: ‘I believe that the facts stated in this witness statement are true.’
• be signed by the witness and dated

At the top of the witness statement, you should add:

• the court name and case number on one row
• a row below with the names of all parties and their role as either claimant or defendant

6. Scott Schedules

Scott Schedules are often used in cases where lots of different elements are disputed. They:

• summarise the issues being disputed in a claim
• set out what is being disputed on an item-by-item basis
• help the judge understand exactly what they have to consider and make decisions on

6.1 Creating a Scott Schedule

All Scotts Schedules are tables, based on a standard template. If you have to provide a Scott Schedule in your case, the judge will give you specific directions about what you need to include.

You will need to:

• produce a table, usually on A4 paper, in landscape (sideways) format
• add 6 columns, going from left to right, which should be used for:
  • numbering each alleged problem
  • describing each alleged problem
  • claimant’s estimated cost for fixing the alleged problem
  • defendant’s response to the alleged problem
  • defendant’s estimated cost for fixing the alleged problem
  • judge’s comments
• keep the column headings simple and informative

When you add information into any of the columns, you must make sure it is as brief and as clear as possible. You can give detailed explanations in written witness statements and in court evidence later.

If you need to add more columns, you may need to use more than page. You should repeat the first and second columns on any extension sheets to make cross-referencing easier.

Example of a simple Scott Schedule

No	Alleged defect	Claimant’s cost estimate	Defendant’s response	Defendant’s Cost Estimate	Reserved for Judge’s Use
1	Bath is not level – the water does not run out	£150	It slopes slightly towards the plug as it must	£25	-
2	Power shower electrics are not earthed	£300	I did not do the electrical work	£75	-
3	Tiles have been damaged around the foot of the basin. The bathroom has to be retiled	£1000	I did crack a few tiles which are out of sight but can be easily replaced	£100	-

Download a basic Scott Schedule template here.

7. Before court standard directions

Standard direction	Explanation
The Claim is allocated to the Small Claims track, the Fast Track, the Multi-track [and is assigned to [name of Judge] for case management].	Almost every disputed claim is placed in one of three tracks with directions tailored to the relevant one. Normally, Small Claims are for claims where no more than £5,000 is being disputed, Fast Track claims where no more than £25,000 is in dispute and Multi-track for claims involving more. However, a case may be allocated to a different track in some circumstances. In Small Claims the procedure is fairly simple, the hearing will be quite informal and the amount of costs (legal costs and otherwise) which one party can be ordered to pay to another is normally very limited. Fast Track will only be chosen where the trial (final hearing) will not take more than one day and the procedure is streamlined accordingly. There are some limits on the amount of costs which can be awarded, though they can still be substantial. In a Multi-track claim, a case management judge may be named, who will normally deal with preparing the case for trial.
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 [and not less than 28 days before trial]; such witness statement must not be shown to the trial judge until questions of costs arise.	Parties must try to reach agreement throughout the case as this would avoid the expense and uncertainty of taking the case to a trial. Alternative Dispute Resolution (ADR) offers a procedure to help parties resolve their dispute out of court. Mediation, where a trained Mediator chairs the parties’ discussions, is the most common. The court office will have a list of Mediators in the court’s area. If one party proposes this route, the other must respond. Whoever refuses an ADR proposal must send a formal witness statement to the proposing party explaining their reasons. This may be shown to the trial judge when it comes to considering costs. Any party that refuses Alternative Dispute Resolution may be ordered to pay some or all of the other’s costs if the judge thinks the refusal was unreasonable - even if they win the case.
[Name] is joined as the [Second] Defendant in this Claim. Service on the [Second] Defendant will be effected / by the Court at [address] / forthwith by the Claimant.	The judge may add a defendant or defendants – for example if the original defendant says that it is another person who is liable. The order says how the claim form is to be delivered (served) to the new defendant(s).
The Claimant has permission to discontinue the claim against the [party] without liability for costs.	Usually, a claimant can stop their claim without the court’s permission but will be liable for the defendant’s defence costs up to that point. Here, the judge is saying they can stop the claim without having to pay these costs.
The claim is transferred to the [Royal Courts of Justice Central Office Queen’s Bench Division of the High Court] [High Court and to the District Registry at [place] ] [[name] County Court] [for [further directions] [trial] [the hearing of any further applications and for the final hearing]].	Claims can be transferred from a county court or the High Court at a District Registry or in London to any county court or to the High Court at a District Registry or in London (but not to a court outside England and Wales). The direction may explain the reason for the transfer. If you apply for transfer based on your convenience or expense, bear in mind that the judge will also take into account the convenience and expense to the other party or parties, also that a party ordered to pay costs may have to pay the expenses of all other parties.
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.	Usually, the court makes orders after a judge has considered papers sent in (filed) without a hearing. Any party can then apply to have the directions changed or cancelled within 7 days. This paragraph, usually at the end of an order, is a reminder that you can do this.
This claim is consolidated with claim number […..]. Claim number […..] is the lead claim. All directions given in the lead claim will apply to both claims, unless otherwise stated.	If 2 claims relate to the same issues, a court can sometimes deal with them as a single claim for the sake of convenience. The combined claim takes the case number of the ‘lead’ claim.
Costs in the case	The expenses, including legal costs, of all parties that relate to this hearing or direction are treated as part of their overall claim costs. This means they will be included in any costs that a party may be ordered to pay.

8. Case management standard directions

Standard direction	Explanation
The claim shall be listed before [name of judge] for a case management conference on the first available date after ……. weeks with a time estimate of …… minutes	When defence papers are sent to (filed with) the court, the judge will read them and then give directions. However, if the judge wants to discuss what directions are needed then the court will order a short hearing (case management conference) with the parties involved.
The case management conference has been listed for ……..[purpose]	The specific reason for having a case management conference may be stated in the order.
The case management conference will be conducted by telephone, unless the court orders otherwise. The Claimant must make the relevant arrangements in accordance with Practice Direction 23A Civil Procedure Rules.	Judges often hold hearings by telephone. The Practice Direction details what the party told to make the arrangements for the telephone conference call should do. People representing themselves are not usually expected to arrange case management conferences.
At least 3 clear days before the case management conference the Claimant must file and send to the other party or parties preferably agreed and by email: 1. draft directions 2. a chronology 3. a statement of the issues 4. a case summary	The claimant must co-operate with all parties to help the judge by suggesting the directions they think are needed. You’ll need to describe the directions you think the judge should give but you may need professional help drafting a directions order. A chronology is a list, with dates and in date order, of the events leading up to the claim. A statement of the issues identifies which matters the parties disagree about and briefly describes the position they are taken on each matter. A case summary is a concise but complete overview of the whole case. These documents should be discussed among the parties so that agreed versions can be given to the judge.
There will be a further case management conference in Room xxxx, Royal Courts of Justice, at [time] on [date], at which the court will review directions to trial.	This direction containing details of where and when a case management will take place is given only in claims being heard in the Royal Courts of Justice in London.
Unless by [date] the Defendant shows cause in writing (including by email) to the assigned judge why judgment on the issue of liability for a sum to be assessed by the Court should not be entered, then judgment will be entered for the Claimant and the Defendant must make an interim payment of damages in the sum of £…… by [date]	In some cases it seems obvious that the person making the claim (the claimant) is entitled to a payment and the only real dispute is over the amount. This direction gives the defendant the opportunity to object to this. If they don’t object, it will be confirmation that it is only the amount that is in dispute. The defendant may also have to make a payment on account for the lowest amount the claimant seems to be entitled to, according to the judge.
If the Defendant shows cause then the case management conference will be restored on [date] with a time estimate of [30] minutes for the assigned judge to decide whether there should be a trial on liability and on what issues and to give further directions.	If the defendant objects to the direction above, a hearing will be arranged (fixed) to consider what to do next.
The following preliminary issue[s] will be tried between the Claimant and the Defendant: whether ……. whether ……	In a complex case it can be helpful to have certain basic points resolved by a judge’s decision at an early stage. Below is a particular example.
A preliminary issue will be tried between the Claimant and the Defendant as to whether or not the Defendant is liable to the Claimant by reason of the matters alleged in the Particulars of Claim and, if so, whether or not any of the injuries described were so caused and; if any such injuries were so caused, the extent of the same.	The first trial will be about whether the defendant is liable at all before the court considers how any compensation will be awarded if this is the case. (Sometimes working out this amount is an expensive process and this would be wasted if the defendant is not liable for it.) Instructions (directions) around documents and evidence may then be limited to the question of liability at this stage. In this example, the claim is about injuries and the judge will also determine which of the claimant’s symptoms the defendant is liable for.
Directions in respect of all outstanding matters will be given by the judge at that trial as appropriate.	If the defendant is found liable at the preliminary trial then more instructions (directions) may need to be prepared for the trial about the amount of compensation. The first trial judge is to deal with this.
The Claim will be listed for a disposal hearing at which the judge will consider the papers and hear submissions from the parties. The following directions will apply in respect of that hearing. 1. The Claimant must file and serve a statement confined to the issue of damages together with copies of all documents relied on by 4pm on [date]. 2. Any statement made by any person who requires the assistance of an interpreter must include a certificate that the statement has been read and interpreted to that person by someone suitably qualified to do so. 3. If the Claimant is to be cross-examined, the Defendant must file an application for an Order pursuant to Rule 32.7 by 4pm on [date]. At that hearing of the application the Court will consider whether the claim should be allocated to a track and further directions given. 4. A party believing that the amount payable is genuinely disputed on grounds which appear substantial must file an application for the claim to be allocated to a track and for further directions by 4pm on [date]. 5. The disposal hearing shall be listed on the first available date [after [date]] with a time estimate of [fifteen] minutes. If a notice giving details of the time and place of the hearing is not enclosed with this Order, one will be sent to you shortly.	If liability (for example, for an accident) is not disputed and if deciding the amount of compensation looks to be straightforward, the judge may to decide fix a short ‘disposal hearing’ rather than allocate the claim to a trial track. At this kind of hearing, the judge will normally use written evidence only, though the parties may assist him with brief submissions. Other directions may be given. If the defendant wants to ask the claimant questions about their witness statement at the disposal hearing, they must apply for an order allowing this in advance If either party thinks the claim is not suitable to be disposed of in this way, they can apply for it to be taken out of this procedure.
By 4 p.m. on [date] any party asserting a breach of the Pre-Action Protocol for [case type] cases must serve a statement setting out the alleged breach and its effect. A response to the statement must be served within [14] days of receipt and the papers referred by the asserting party to the Court for further directions.	Pre-Action Protocols detail what needs to be done before a claim can go to (be issued in) court. They apply to several different types of case. Not complying with one may cause delay and expense. The court may have to give directions to deal with this.
The above dates and time limits may be extended by agreement between the parties. Nevertheless, The dates relating to trial and pre-trial review cannot be varied without the permission of the court. The remaining dates and time limits may not be extended by more than [number] days without the permission of the court.	This direction reminds the parties that (under the Civil Procedure Rules) they can agree to extend some, but not all, of the dates and time limits prescribed for steps in preparing for trial. However, it also restricts agreed extensions to a specified number of days.
The [claim is] [claim and counterclaim are] stayed [the stay of this claim is extended] until [date], during which period the parties must try to settle the matter or to narrow the issues. By 4pm on [date] the [party] must notify the court in writing of the outcome of negotiations (without disclosing any matters which remain subject to ‘without prejudice’ terms) and what, if any, further directions are sought. Failure to comply with this direction or to engage properly in negotiations may result in the application of sanctions. If settlement has been reached, the parties must file a consent order signed by all of them.	The court is putting the case on hold for a period so that the parties can take time to discuss it and try to reach agreement. This pause (stay) can be extended if they are making progress. At the end of the period, they must let the court know the result. One party is named to do this on behalf of everyone.

9. Statements of Case standard directions

There are 2 different kinds of Statements of Case:

• claimants use Particulars of Claim to explain the case they want to prove
• defendants use Particulars of Defence to detail their trial defence

Both documents must be sent to the court (filed) and to the other parties involved (served) before the judge will give any directions.

Standard direction	Explanation
By [date], the Claimant must reply to the Part 18 Request raised by the Defendant dated [date] [excluding the request(s) numbered …. ].	Part 18 of the Civil Procedure Rules allows a party to ask for more details of another party’s Statement of Case. Here the judge has ordered the claimant to meet this request from the defendant but has upheld their objection to one or more paragraphs in it.
By 4pm on [date] the Claimant may amend the particulars of claim [in the form filed] [and must file and serve the amended version]. By 4pm on [date] the Defendant may amend the defence and must file and serve the amended version. The Defendant may issue a counterclaim against the Claimant in the form filed and further service of that document is dispensed with. The Claimant may by [date] file and serve [a reply to the defence and] a defence to the counterclaim	A party can change their Statement of Case if the other party agrees or the court gives permission. If the claimant’s Particulars of Claim are changing, the defendant may want to amend their defence too. Normally, a claim which the defendant makes against the claimant (a counterclaim) must be detailed in their defence. Here the defendant has been allowed to start a counterclaim later. The claimant will probably want to file a defence to that claim and possibly a reply to the defendant’s defence itself.
The Defence of the Defendant is struck out because it discloses no grounds of defence to the claim or because it has no real prospect of success. The Defendant must file and serve a fully detailed defence by 4pm on [date] and time for that document is extended accordingly.	Although the defendant has filed a defence document, the judge has ruled that it does not show a legally valid ground for opposing the claim or that it will not succeed as it stands. As it appears that the defendant may have a valid (or viable) ground that was not shown in the original defence, they will be given another opportunity.
Schedules of Loss must be updated as follows: by 4pm on [date] the Claimant must send an up to date schedule of loss to each other party, by 4pm on {date] a Defendant, in the event of challenge, must send an up to date counter-schedule of loss to the Claimant. The schedule and counter-schedule must contain a statement setting out that party’s case on the issue of periodical payments pursuant to Rule 41.5 Civil Procedure Rules.	In a claim for damages (compensation), the claimant will have detailed their financial losses in a schedule, in their Particulars of Claim or attached to it. As the case progresses, the claimant must bring his figures up-to-date if the losses are continuing. The other party or parties set out any dispute with the figures in a counter-schedule. Compensation for personal injury where there is a continuing financial loss can be paid in a lump sum or for example, using monthly (periodic) payments or combination of both. The parties are being directed here to explain how they think the compensation should be paid and why.
By 4 p.m. on [date] the claimant must file and serve a reply to defence setting out all facts in support of any assertion that the claimant was impecunious at the commencement of and during the hire of the vehicle in question. In default, the claimant shall be debarred from relying upon the fact of impecuniosity for the purposes of determining the appropriate rate of hire.	This is an example of a direction meant to clarify a particular issue. The claimant’s claim includes the cost of taking out credit to hire a vehicle. This can succeed only if the claimant did not have enough money available of his own. The defence has filed to challenge this. The claimant must file and serve a reply with details that support their claim of not having enough money available.
A Scott Schedule must be prepared and must contain column headings as set out on the draft attached to this order. The schedule is to be completed as follows: The Claimant must forward the schedule to the Defendant having completed columns 1 to 3 inclusive by 4pm on [date]. The Defendant must return the schedule to the Claimant having completed columns 4 and 5 by 4pm on [date]. The Claimant must return the schedule to the Defendant having completed columns 6 to 11 inclusive by 4pm on [date]. The Defendant must return the schedule having completed column 12 by 4pm on [date].	A Scott Schedule is a table used to identify the exact questions that the judge has to decide on. They are often used in cases where there are several distinct disputes. In the example shown, the schedule will have 13 columns but it is rare for more than 6 to be needed.
A Scott Schedule must be prepared in respect of defects, items of damage or any other relevant matters. The column headings will be as follows: Item; Alleged Defect; Claimant’s Costing; Defendant’s Response; Defendant’s Costing; Reserved for Judge’s Use’. The Claimant must serve the Scott Schedule by 4 pm on [date]. The Defendant must respond to the Scott Schedule by 4 pm on [date]	This alternative form of direction is used in simpler cases and does not need an example Scott Schedule attached to the order.

10. Document disclosure

You, and all other parties, must disclose any documents that might have a bearing on the case you are involved in.

This covers any kind of recorded information, including:

• letters and any other written documents
• emails
• text messages
• messages sent on social networks
• pictures, photos and video clips

10.1 How to disclose documents

You must:

1. Use form N265 to share a list of documents you will produce in your court case - unless it is a Small Claims or other low value claim. The form helps you sort your list of documents into categories.
2. Disclose all relevant documents that you have now, you’ve had in the past or are with someone else.
3. Disclose documents even if they might harm your case.

You can also use the form to explain why you don’t want to produce a document (object to disclosure). If you and the other party cannot agree on this, either of you can ask (apply to) the court to decide.

A court may agree that you don’t have to disclose a document if it:

• contains legal advice about the case, which makes it private
• has been lost or destroyed
• details commercially sensitive information
• has information that might infringe another person’s right to privacy

You may be asked to produce the document with parts of it covered up. If you are not sure whether you must produce a document, take legal advice.

10.2 How to view documents listed by another party

When you receive a list of documents that another party will disclose, you can ask:

• for copies of any of the documents - you’ll need to pay for them
• to inspect any of the documents

Other parties in your case can also ask for copies or the original version of your documents.

11. Document standard directions

Standard direction	Explanation
Disclosure of documents will be dealt with as follows: a) by 4pm on [date] the parties must give to each other standard disclosure of documents [relevant to the issues of…… ] by list [and category] b) by 4pm on [date] 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	All parties must list all the disclosable documents they know of. This will be followed by receiving copies or inspecting the documents. In simple cases, the court may just tell you to send copies to the other party.
d) By 4pm on [date] 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	Searching records for emails etc may be time-consuming and you may want to limit your search. You may be able to agree this with the other party. If not, you must send the court and the other party a list of those issues. If there are no issues, the direction requires you to say so. The Practice Direction provides more detail about disclosure of electronic documents.
Disclosure of documents will be dealt with as follows: By 4pm on [date] the parties must give to each other standard disclosure of documents by serving copies together with a disclosure statement. By 4pm on [date] any request must be made to inspect the original of a copy document which has been served Any such request unless objected to must be complied with within [14] days of the request.	This direction enables a simplified version of disclosure of documents. Any copy documents must be accompanied by the following statement: I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on [date].
Each party must: serve any request for clarification or further information based on any document disclosed or statement served by another party no later than fourteen days after disclosure or service and reply to any such request served on it within fourteen days of service of the request.	Any party is entitled to request clarification about a document that has been disclosed and the other party must respond. This direction sets a timetable for making the request and giving the response.
The [party] must retain all original records relevant to the issues in this Claim	Records can be lost in routine housekeeping. The party is instructed not to let this happen to records that are relevant to the claim.
The parties must retain all electronically stored documents relating to the issues in this Claim.	Particular care is needed if documents stored in a computer system are not to be lost.
The Defendant must retain the original clinical notes relating to the issues in this Claim. The Defendant must give facilities for inspection by the Claimant, the Claimant’s legal advisers and experts of these original notes on 7 days written notice.	This direction is given in cases where someone claims to have been injured by negligent medical treatment. The notes made when the treatment was carried out will be important evidence.
Legible copies of the medical and educational records of the Claimant / Deceased / [injured person] are to be placed in a separate paginated bundle by the Claimant’s Solicitors and kept up to date. All references to medical notes are to be made by reference to the pages in that bundle	These records are important evidence where someone is said to have been injured by negligent medical treatment. The claimant’s solicitors must keep them in an orderly and up-to-date bundle which all parties and experts will refer to.
Unless by 4pm on [date] the Claimant serves copies of the following documents which are in his control then the claimant shall be debarred from relying upon the fact of impecuniosity for the purposes of determining the appropriate rate of hire: copies of the claimant’s wage slips or equivalent documentation evidencing the approximate level of available income to the claimant for the period of 3 months pre-accident and covering the period of hire; copy bank and credit card statements for a period of 3 months pre-accident and covering the period of hire	This direction is likely to be made when there is a claim for credit hire after a road traffic collision. The claimant’s claim includes the cost of getting credit to hire a vehicle. This can succeed only if he did not have enough of his own money available. He is ordered to provide copies of documents to show whether he did or did not have enough money available.

12. Factual evidence standard directions

Standard direction	Explanation
By 4pm on [date] all parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely [in respect of ….] and all notices relating to evidence, including Civil Evidence Act notices.	Witnesses tell the court what they know about the matters in dispute and their evidence must be recorded in witness statements. Copies of these must be sent to the other party or parties. You can provide the statement (including a witness statement) of someone who does not appear in court as evidence. However you must let the other party or parties know in advance by giving them a notice which identifies the evidence and explains why the witness will not be at the trial.
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	Producing a surprise witness is not allowed. If the judge is asked for permission to call a witness whose statement has not been served, they may well (if they allows the witness) require a statement to be served and adjourn the trial to let the other party or parties consider it and decide how to deal with that evidence – ordering the defaulting party to pay all the resulting costs. Even if the judge allows the case to proceed with the ‘new’ witness, and even if the party is successful, the judge may order lower costs (especially where the ‘new’ witness makes a difference to the result). This is because the case might have been settled by mutual agreement if the other party had known of this witness.
Each party must: serve any request for clarification or further information based on any document disclosed or statement served by another party no later than fourteen days after disclosure or service and reply to any such request served on it within fourteen days of service of the request.	Each party is entitled to request clarification of a witness statement that has been served and the other party must respond to the request. This direction sets a timetable for making the request and giving the response.
By 4pm [date] the parties must agree a plan and any photographs of the accident site	When the claim arises from an accident, a plan and, if possible, photographs of where it happened must be provided. Witnesses’ statements and evidence can then refer to these.
Subject to any direction, ruling or finding of the trial judge the Police report and witness statements will be admissible in evidence.	Usually, the police will have prepared a report on a road accident. This direction means that (unless the judge decides otherwise) the report and any statements attached to it can be used at the trial without a police officer being called as a witness.
Subject to any direction, ruling or finding of the trial judge any employer’s accident report and Health and Safety Executive report with witness statements will be admissible in evidence.	When there has been an accident at work, reports may have been prepared by the employer and/or the Health and Safety Executive. This direction states that they may be used in evidence unless the trial judge decides otherwise.
The parties must preserve the vehicles pending any inspection that may be required.	In a case about a collision between vehicles, an engineer’s inspection may indicate how the accident happened and help estimate the cost of repairs. Here the parties are ordered to keep the vehicles in their damaged state until there has been an opportunity to inspect them.
The [party] must preserve all plant and equipment relevant to the issues in this Claim.	Plant and equipment in factories or other premises can be important as evidence but may be lost during modernisation or a removal. The party is directed not to let this happen to any items that are relevant to the claim.
The evidence of [the witness] shall be taken on commission by a duly appointed Examiner of the Court by [date] [and recorded on DVD]	As a witness is not be able to attend court through ill-health or for some other valid reason, the judge is allowing them to give evidence elsewhere. This is particularly important where the claimant is suffering from a severely disabling disease such as Mesothelioma. The parties will be able to attend and cross-examine if they wish. The examiner will record the evidence in writing and in many cases on DVD so that it can be read and viewed by the trial judge in due course.
Each party has permission to rely on a short survey of ‘spot’ hire rates in the claimant’s locality. Those factual surveys must be incorporated in or exhibited to a witness statement and must be exchanged by 4pm on [date]. The witness statement must include the following facts: (a) who conducted the survey; (b) when and in what way the survey was conducted; (c) whether the survey established that equivalent vehicles were available for hire and the cost of the hire (to be set out in a concise schedule); (d) whether there is any evidence to suggest that an equivalent vehicle would probably have been available at the time of the commencement of the hire.	The claim includes the cost of hiring a vehicle after an accident and there is a dispute about whether the amount paid was too high. Parties are each given permission to use a witness statement to clarify this issue.

13. Expert evidence standard directions

Standard direction	Explanation
No permission is given for expert evidence.	Evidence from experts can only be used with the court’s permission and this is carefully controlled. This direction makes it clear that no expert evidence can be used in this case.
By 4pm on [date] each party must serve and file with the Court, (1) a list of issues relevant to the obtaining of expert evidence (2) a list of the various bases of fact on which expert opinion is sought.	Sometimes it is not clear what expert evidence will be needed or even if expert evidence will be needed at all. With this direction, the judge is asking for the parties’ views. The answer may be different according to which version of disputed facts is ultimately found to be correct. The parties must consider the alternatives.
The Claimant has permission to rely on the expert [medical] evidence annexed to the Particulars of Claim. The Defendant may raise written questions of the expert by 4pm on [date] which must be answered by 4pm on [date]. [No other permission is given for expert evidence.]	When starting a claim, the claimant may attach an expert’s report to his Particulars of Claim. (You have to attach a medical report in a claim for personal injury.) In simple cases that may be all the expert evidence needed and if it is, the expert does not attend court as a witness. The other party or parties can ask written questions which the expert must answer in writing.
The parties have permission to rely on the jointly instructed written evidence of an expert [type of expert] [who will be the same expert instructed to inspect in accordance with the Pre-Action Protocol ] [in respect of …….]	There will be a single expert witness instructed by the parties jointly, whose evidence will be a written report. The judge may define the issues to be addressed. Further directions may be given. Pre-Action Protocols may mean the expert’s inspection has been carried out before the claim is filed.
By [date] the expert should be agreed and instructed and if no expert has been instructed by that date the Claimant must apply to court by 4pm the following day for further directions. By [date] the expert will report to the instructing parties. By [date] the parties may put written questions to the expert. By [date] the expert will reply to the questions. A copy of this order must be served on the expert by the Claimant with the expert’s instructions. The expert may apply direct to the court for directions where necessary under Rule 35.14 Civil Procedure Rules. A party seeking to call the expert to give oral evidence at trial must apply for permission to do so before pre-trial check lists are filed. Unless the parties agree in writing or the Court orders otherwise, the fees and expenses of the expert shall be paid by the parties giving instructions for the report equally.	The parties are expected to agree on the expert and on the instructions given to them. If they cannot agree, the court will give directions to resolve the situation. The directions set a timetable for preparing the expert’s report. A copy of the order is sent to the expert so that they will know what and when they must write their report and answer any questions as soon as possible. The expert may apply to the court for directions, for example about their timetable or to clarify what they should investigate. This direction does not give permission to ask the expert to give oral evidence at the trial. An application can be made for that additional permission if needed. Normally the parties pay equal amounts of the expert’s fee. The shared amount will become part of the party’s costs of the claim and included if the judge orders that another party must pay those costs.
Access must be given on reasonable request for the expert to inspect for items of alleged defect/disrepair and for necessary remedial work/repairs to be carried out.	Where the dispute concerns (for example) the state of repair of a house, the party living in the property must allow access for repair work.
The parties have permission to rely on the written evidence of an expert [type of expert] [in respect of ……. ] By [date] the experts must be identified to all parties or This permission relates to the following: [Name] for the Claimant [Name] for the Defendant. By 4pm on [date] the parties must exchange reports. The parties may raise written questions of the authors of any reports served on them pursuant to this Order by 4pm on [date] which must be answered by 4pm on [date]. Unless the reports are agreed, there must be a without prejudice discussion between the experts by 4pm on [date] in which the experts will identify the issues between them and reach agreement if possible. The experts will prepare for the court and sign a statement of the issues on which they agree and on which they disagree with a summary of their reasons in accordance with Rule 35.12 Civil Procedure Rules, and each statement must be sent to the parties to be received by 4pm on [date]. A copy of this order must be served on the expert by each party with the expert’s instructions. The experts are reminded of their right where necessary to apply to the court directly for further directions under Rule 35.14 of the Civil Procedure Rules. The parties have permission to call oral evidence of these experts or A party seeking to call oral expert evidence at trial shall apply for permission to do so before pre-trial check lists are filed.	In more complex cases where the amount in dispute is large enough to justify the cost, permission may be given for the parties to instruct experts separately. The use of the expert evidence is still strictly controlled. The experts must consider each other’s opinions and have a discussion to identify and if possible resolve any differences between them. They must report the outcome to the parties and to the court. The expert’s duty is always to the court, not to the party instructing them. A copy of the order is sent to each expert so that they are aware of the terms of the court instructions and the timetable for them to report, answer any questions, confer with each other and produce a joint statement. Any expert may apply to the court for directions, for example about the timetable or to clarify what they should investigate. If the direction does not give permission for the expert to be asked to give oral evidence at the trial, an application can be made to get this permission.
The parties have permission to rely on written expert evidence [in respect of ….. ] as follows. The Claimant: an expert [type of expert], namely [name], whose report must be served by [date], an expert [type of expert], namely [name], whose report must be served by [date], an expert [type of expert], namely [name], whose report must be served by [date]. The Defendant: an expert [type of expert], namely [name], whose report must be served by [date], an expert [type of expert], namely [name], whose report must be served by [date], an expert [type of expert], namely [name], whose report must be served by [date]. The parties may raise written questions of the authors of any reports served on them pursuant to this Order by 4pm on [date] which must be answered by 4pm on [date]. Unless the reports are agreed, there must be a without prejudice discussion between the experts of like discipline by 4pm on [date] in which the experts will identify the issues between them and reach agreement if possible. The experts will prepare for the court and sign a statement of the issues on which they agree and on which they disagree with a summary of their reasons in accordance with Rule 35.12 Civil Procedure Rules, and each statement must be sent to the parties to be received by 4pm on [date]. A copy of this order must be served on the expert by each party with the expert’s instructions. The experts are reminded of their right where necessary to apply to the court directly for further directions under Rule 35.14 of the Civil Procedure Rules. The parties have permission to call oral evidence of these experts. or A party seeking to call oral expert evidence at trial must apply for permission to do so before pre-trial check lists are filed.	In more complex cases, parties may want to rely on a number of different kinds of expert. In this example, three kinds of expert will be used. The same considerations apply for multiple experts as for a single one.
Any unpublished literature upon which any expert witness proposes to rely must be served at the same time as service of his report together with a list of published literature. No expert witness may rely upon any publications that have not been disclosed in accordance with this order without the permission of the trial judge subject to costs as appropriate.	If an expert takes material contained in books, research reports etc into account, he must say so and identify the publications in question.
Experts will, at the time of producing their reports, incorporate details of any employment or activity which raises a possible conflict of interest.	If an expert has some connection with a party or some matter in issue, they may (even unconsciously) be influenced by it. This direction means they must disclose any connection of this kind.
For the avoidance of doubt, experts do not require the authorisation of solicitor or counsel before signing a joint statement.	This paragraph confirms that an expert does not need the authority of the party instructing him before signing a joint statement with another expert.
If an expert radically alters an opinion previously recorded, the joint statement should include a note or addendum by that expert explaining the change of opinion.	An expert is entitled to change their opinion substantially but they must make clear why.
An agenda identifying the outstanding issues for discussion may be prepared as necessary and should be agreed at least 35 days before the agreed date for the experts’ discussions.	In complex cases it helps to structure the experts’ discussion by having an agenda.
The experts’ joint statement may include action, if any, which may be taken to resolve the outstanding points of disagreement, any further material points not raised in any Agenda and the extent to which the issues are agreed.	The experts may recommend steps that may help to cut down the areas of disagreement between them.

14. Trial arrangements standard directions

Standard direction	Explanation
The trial will be listed as follows: The trial window is between [date] and [date] inclusive. The estimated length of trial is [… days].	Initially, a claim may be given a trial window of several weeks. The estimate is provisional at this stage. If a party thinks later that the window is too long or too short, they must inform the court and explain why.
By [date] 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.	There may be times when a party or witness is not able to come to court. The party must inform the court of this by the date stated. If they do not, it may be very difficult or impossible to change the trial date later. In arranging the trial date, the court office will work with whoever is named as the single point of contact for each party.
By 4pm on [date] pre-trial check lists must be sent to the court	The court will usually send out a pre-trial checklist to each party. You must use it to confirm that you have done everything necessary to prepare for the trial. If something has gone wrong, the judge will probably give further directions. You can apply for specific directions to be given. Also use the checklist to say whether you will need special facilities for the trial (the second part of section B 2) and whether you will be bringing an interpreter (section B 3).
By 4pm on [date] the parties are to apply to the Clerk of the Lists for an appointment to fix a date or period for trial. Trial: Judge alone, Category A/B/C, Trial window from [date] to [date] inclusive, Time estimate xx days; The parties must file Pre-Trial Check Lists as directed by the Clerk of the Lists.	This direction is only given in claims taking place in the Royal Courts of Justice in London.
There will be a pre-trial review [4] weeks before the trial window starts with a time estimate of [30] minutes. The pre-trial review will be conducted by telephone unless the court orders otherwise. The Claimant must make the relevant arrangements in accordance with Practice Direction 23A Civil Procedure Rules.	A pre-trial review is held if the case is complex or the trial is expected to last a long time. The aim is to make sure the trial will proceed efficiently, by narrowing down and identifying specific areas as far as possible. Judges often conduct hearings by telephone, though this happens less often if a party does not have a legal representative. The Practice Direction details what the party told to make the arrangements for the telephone conference call should do. People representing themselves are not usually expected to do this.
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: draft directions, a chronology, a statement of the issues, a case summary, a trial timetable	The claimant must co-operate with all parties to help the judge by suggesting the directions they think are needed. You’ll need to describe the directions you think the judge should give but you may need professional help drafting a directions order. A chronology is a list, with dates and in date order, of the events leading up to the claim. A statement of the issues identifies which matters the parties disagree about and briefly describes the position they are taken on each matter. A case summary is a concise but complete overview of the whole case. For a trial expected to last several days or more, a timetable detailing the order and roughly when different parts of it will happen is helpful, e.g. in organising witnesses’ attendance. These documents should be discussed among the parties so that agreed versions can be given to the judge.
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. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include: a case summary, a chronology, a trial timetable.	The trial bundle becomes the folder which the judge and everyone else involved in the trial will work from. One party (usually, the claimant) is given the job of preparing it and they must consult with the other parties when doing this. The Practice Direction referred to sets out the detailed requirements at paragraph 3. The pages of the bundle must all be numbered along with an index identifying each item and showing page numbers so that everyone using it at the trial can find what they want easily. Enough copies of the bundle must be prepared and brought to the trial for all participants.
The parties must file with the court and exchange skeleton arguments at least 3 days before the trial by email.	A skeleton argument sets out how a party’s case is justified as a matter of law. You will probably need legal help to prepare this. If you do not have email access, you should tell the court that you will have to send in a paper document.