The listing questionnaire (pre-trial checklist) is a form (Form N170) which is sent out by the Courts near trial for the Courts to determine whether the parties to a claim have completed all requirements set out in the Directions to prepare for trial, and if not, which of the Directions need to be addressed and by when will they be addressed. The form also enquires about how many non expert Witnesses will be giving evidence, how many expert witnesses will be giving evidence and requests an updated time estimate for trial if necessary.
Fees need to be paid when filing a pre-trial checklist and the Court may impose sanctions on a party where fees are not filed.
CPR 27 deals with small claims tract cases, CPR 28 deals with fast-track and CPR 29 deals with multi-track. However, there is no requirement to file a listing questionnaire for claims allocated to the small-claims track.
Multi-track (CPR 29)
Where not dispensed at a CMC the Court will fix an order for Directions usually at the first CMC. The Court will send out the Listing Questionnaire (pre-trial checklist) about 2 weeks prior to it being required completed and the date given to file the Listing Questionnaire will be approximately 8 weeks prior to trial.
Where no Listing Questionnaire (pre-trial checklist) is filed by either party the Court can send out a 7 day Unless Order or strikeout both Claim and Defence. Where one party fails to file a Listing Questionnaire (pre-trial checklist) or files an incomplete Listing Questionnaire (pre-trial checklist) the court can convene a pre-trial Hearing.
If either party wish to obtain further directions from the Court after the Listing Questionnaire (pre-trial checklist) is completed, they can make an application to the court.
The Claimant needs to pay both a listing fee and a hearing fee. The Listing fee is usually £100.00 and the Hearing fee is £1,000.00 unless the court fixed the hearing date on the issue of the claim.
Fast track (CPR 28)
The requirements here are in part identical to multi-track cases but slightly more limited.
Here an updated costs estimate has to be filed with the Listing Questionnaire (pre-trial checklist).
Small claims track (CPR 27)
Where a claims has been allocated to the small claims track, there is no requirement for a Listing Questionnaire (pre-trial checklist) to be filed with the Court.
By Michael Coyle at Lawdit Solicitors.