IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
[ DISTRICT REGISTRY]
[ ] CIRCUIT COMMERCIAL COURT
[HIS] [HER] HONOUR JUDGE [ ] [QC]
sitting as a Judge of the High Court
Hearing date: [ ]
UPON the Case Management Conference in this matter
AND UPON HEARING [ ] for the Claimant and [ ] for the Defendant
Statements of Case
1. The Claimant has permission to amend the Particulars of Claim in the form produced
to the Court. Any such Amended Particulars of Claim shall be filed and served by [*].
2. The Defendant has permission to serve an Amended Defence [and Counterclaim] in
the form produced to the Court [consequential upon the Amended Particulars of
Claim]. Any such Amended Defence [and Counterclaim] shall be filed and served by
3. [The Claimant has permission to file and serve an Amended Reply [and Defence to
Counterclaim] in the form produced to the Court [consequential upon the Amended
Defence] [and Counterclaim]. Any such Amended Reply [and Defence to
Counterclaim] shall be filed and served by [*].]
4. The costs of, and occasioned by, the amendments to the [ * ] shall be paid by [*] in
any event, such costs to be assessed on the standard basis by way of detailed
assessment if not agreed.
5. The [*] shall file and serve Replies to the Request for Further Information or
Clarification made by the [*] on [date] in relation to the [statement of case] by [*].
Consolidation/Joint management and trial of cases
6. This action is to be consolidated/managed and tried with action number [ ]. The lead
action shall be [ ]. From the date of this Order all directions in the lead action shall apply
to both actions, unless otherwise stated.
List of Issues
7. The List of Issues annexed to this Order has been [agreed by the parties] [approved
by the Court]. [The List shall be kept updated by the parties and cross-referenced to
the statements of case. ]
8. [The parties shall by [ date ] agree and file with the Court a [comprehensive] list of
issues. In the event that they are unable to agree, each party shall file its own proposed
list of issues by that date.]
9. The form of disclosure to be given by the parties is as follows:
10. The parties shall give such disclosure by [*]; Inspection on 48 hours’ notice shall be
completed by [*]. [The parties shall identify and discuss prior to disclosure those
categories of documents which they expect to see in other parties’ Lists of
11. The parties shall exchange an Electronic Documents Questionnaire by [*]. In the case
of difficulty or disagreement, the matter shall be referred to the Court for further
directions at the earliest practicable date.]
12. The [Claimant] [Defendant] [shall give Specific Disclosure of the documents or
classes of documents set out [below] [in the schedule attached to this Order]] [shall
carry out a search for the documents set out [below] [in the Schedule annexed to this
Order] [in accordance with the following directions: (*)].
13. Disclosure of all such documents or classes of documents [of any documents located
as a result of the search] shall be given by [*]; and Inspection on 48 hours’ notice shall
be completed by [*]
13. Signed statements of witnesses of fact and hearsay notices when required by CPR
33.2, shall be exchanged not later than [*]. [A summary of the evidence of the
following witness, namely [*] shall be served by [*].]
14. Unless otherwise ordered, the witness statements shall stand as the evidence in chief
of the witnesses at trial.
15. [The evidence of [*] shall be given by video link at [*] [date or period]. [The
Claimant/Defendant shall be responsible for making the necessary arrangements; but
the costs thereof will be in the discretion of the Court.]
Experts called by each party
16. Each party shall have permission to adduce expert evidence as follows:
17. [Issue(s) to be covered]Signed reports of experts shall be exchanged [sequentially as
follows: by the Claimant’s expert by [*] and by the Defendant’s expert by [*]]
[simultaneously by [*].]
18. Experts of like disciplines shall by [ ]:
(1) Hold discussions pursuant to CPR 35.12(3) for the purposes of identifying
the issues, if any, between them and, where possible, reaching agreement on
those issues (or at least narrowing them); and
(2) Prepare a joint written statement pursuant to CPR 35.12(3), by [*] stating:
(a) That they have met and discussed the expert issues;
(b) The issue(s) on which they agree;
(c) The issues on which they disagree; and
(d) A brief summary of the reasons for their disagreement.
19. [The parties may serve short supplemental experts’ reports, to be exchanged
[sequentially] [simultaneously] by not later than [*]
20. If the experts’ reports cannot be agreed, the parties shall be at liberty to call expert
witnesses at the trial, limited to those experts whose reports have been exchanged
under this order.
21. [The experts referred to above shall given their evidence concurrently in accordance
with para. 11 of CPD35 In order to assists the Court, both parties shall file with the
Court and provide to the experts not later than [ ] clear days before the trial, an
agreed agenda consisting of a list of the issues still in dispute between the experts, in
a logical order. Such an agenda will be subject to revision by the Court.]
Single Joint Expert
22. The parties shall have permission to adduce expert evidence in the following field(s)
of expertise in the form of a written report by a single joint expert pursuant to CPR
(2) [Issue(s) to be covered].
23. The parties shall identify and shall if possible give joint instruction to the single joint
expert by [*]. In the case of difficulty or disagreement, the matter shall be referred to
the Court for directions at the earliest practicable date.
24. The report of the single joint expert shall be produced by [*].
25. Any questions to the expert shall be put to him by [*] and answered by [*].
26. Any party may apply not later than [*] for an order that the expert witness shall give oral
evidence at the trial.]
27. The parties shall engage in ADR procedures as follows:
(1) On or before [*] the parties shall exchange lists of 3 neutral individuals who are
available to conduct ADR procedures in this case prior to [*]. Each party may [in
addition] [in the alternative] provide a list identifying the constitution of one or more
panels of neutral individuals who are available to conduct ADR procedures in this
case prior to [*].
(2) On or before [*] the parties shall in good faith endeavour to agree a neutral individual
or panel from the lists so exchanged and provided.
(3) Failing such agreement by [*] the parties shall either agree a short list of 3, or shall send
to the Court their own lists (limited to 3), so as to enable the Court to select a neutral
individual or panel; and all parties shall be bound by that selection.
(4) The parties shall take such serious steps as they may be advised to resolve their
disputes by ADR procedures before the neutral individual or panel so chosen by no
later than [*].
(5) If the case is not finally settled, the parties shall inform the Court by letter prior to
[disclosure of documents/exchange of witness statements/exchange of experts’
reports] what steps towards ADR have been taken and (without prejudice to matters
of privilege) why such steps have failed. If the parties have failed to initiate ADR
procedures the Case Management Conference shall be restored for further
consideration of the case.
28. “In the period [ ] to [ ] the parties shall take such steps as they may be advised to try to
settle the dispute by ADR or other means.”
29. The case shall be stayed from [*] until [*] so as to enable the parties try to settle the
dispute by Alternative Dispute Resolution or by other means.
30. The Claimant/Defendant shall notify the court of the outcome of ADR (i.e. whether or
not the case has settled) as soon it is known but in any event by no later than 7 days
after [the conclusion of the ADR] [date by reference to end of ADR window].
31. The trial of this action shall commence on [ ], with a time estimate [ ]
32. Each party shall by [*] apply to the Court for a trial date. Such a date to be not before [
] and not after [ ].
33. [The date fixed shall be provisional until payment of the trial fee. The trial fee shall be
paid no later than [ ].]
34. The progress monitoring date is [*]. Each party shall notify the court in writing by
that date (with a copy to all other parties) of the progress of the case, including –
(1) Whether the directions have been complied with in all respects;
(2) If any directions are outstanding, which of them and why; and
(3) Whether a further case management conference or a pre-trial review is required.
35. There will be a pre-trial review on [*].
36. Pre-Trial Checklists are to be filed no later than 7 days before the date fixed for the
37. If the parties consider that the PTR is not necessary they shall inform the Court not
less than  clear days in advance stating why it is not necessary and enclosing any
agreed further directions in relation to the trial. The Judge dealing with the PTR will
consider this and inform the parties as soon as practicable thereafter whether the
PTR is to go ahead or not and/or make any further appropriate directions in writing.]
38. Trial bundles, including a core bundle, must be agreed, prepared and delivered to
counsel not less than 14 days before the trial date, and to the court not less than 7 days
before the trial date. The trial bundle shall be in fully functioning, indexed and paginated
lever arch files each containing no more than 250 pages. [A core bundle must be
provided where the files exceed 5 in number.] Each file shall state the name of the case
and (in large figures) its volume number on the spine and on the inside of the front of
the file. Files with 4 as opposed to 2 rings shall not be used.
39. The following documents [*] shall be provided to the court electronically as a Word
attachment, as well as in hard copy:
(1) Skeleton arguments shall be served on all other parties, and lodged with the
Court by e-mail to the following addresses:
(a) To [ ] Listing Section at:
(b) To the Judge if he has permitted the use of his own e-mail address.
(2) By the Claimant, not later than [*] pm [*] clear days before the start of the trial
(3) By each of the Defendants, not later than [*] pm [*] clear days before the start of
the trial [hearing];
(4) The parties shall also provide to the Court not later than [*] pm [*] clear days
before the start of the trial [hearing]:
(a) a chronology;
(b) a dramatis personae;
(c) an agreed reading list; and
(d) a composite bundle of the authorities referred to in the skeleton arguments.
40. Costs in the case [or otherwise].
41. [The Court has made a Costs Management Order in this case, [and has approved the
parties’ costs budgets as revised by the Court. The parties shall file and exchange
their revised budgets with 7 days of this Order] [and records the parties’ agreement to
each other’s budget]
DATED this day of