Article 14 Automatic directions

For Order 17, rule 11, there shall be substituted the following new rule–

“Automatic directions

11

(1)

This rule applies to any default or fixed date action except–

(a)

an action for the administration of the estate of a deceased person;

(b)

an Admiralty action;

(c)

proceedings which are referred for arbitration under Order 19;

(d)

an action arising out of a regulated consumer credit agreement within the meaning of the Consumer Credit Act 1974^f1;

(e)

an action for the delivery of goods;

(f)

an action for the recovery of income tax;

(g)

interpleader proceedings or an action in which an application is made for relief by way of interpleader;

(h)

an action of a kind mentioned in section 66(3) of the Act (trial by jury);

(i)

an action for the recovery of land;

(j)

a partnership action;

(k)

an action to which Order 48A applies (patent actions);

(l)

a contentious probate action;

(m)

a rent action;

(n)

an action to which Order 5, rule 5 applies (representative proceedings);

(o)

an action to which Order 9, rule 3(9) applies (admission of part of plaintiff’s claim);

(p)

an action on a third party notice or similar proceedings under Order 12;

(q)

an action to which Order 47, rule 3 applies (actions in tort between husband and wife).

(2)

In an action to which this rule applies,–

(a)

the foregoing provisions of this Order shall not apply and directions shall take effect automatically in accordance with the following paragraphs of this rule;

(b)

where the court gives directions with regard to any matter arising in the course of proceedings, directions taking effect automatically under this rule shall have effect subject to any directions given by the court.

(3)

When the pleadings are deemed to be closed, the following directions shall take effect–

(a)

there shall be discovery of documents within 28 days, and inspection within 7 days thereafter, in accordance with paragraph (5);

(b)

except with the leave of the court or where all parties agree–

(i)

no expert evidence may be adduced at the trial unless the substance of that evidence has been disclosed to the other parties in the form of a written report within 10 weeks; and

(ii)

subject to paragraph (7), the number of expert witnesses of any kind shall be limited to two;

(c)

photographs and sketch plans and, in an action for personal injuries, the contents of any police accident report book shall be receivable in evidence at the trial and shall be agreed if possible;

(d)

unless a day has already been fixed, the plaintiff shall within 6 months request the proper officer to fix a day for the hearing and rule 12 shall apply where such request is made.

(4)

Nothing in paragraph (3) shall–

(a)

prevent the court from giving, of its own motion or on the application of any party, such further or different directions or orders as may in the circumstances be appropriate (including an order fixing a date for the hearing or dismissing the proceedings or striking out any claim made therein); or

(b)

prevent the making of an order for the transfer of the proceedings to the High Court or another county court;

and rule 3 shall apply where an application is made under this paragraph as it applies to applications made on a pre-trial review.

(5)

Subject to paragraph (6), the parties must make discovery by serving lists of documents and–

(a)

subject to sub-paragraph (c), each party must make and serve on every other party a list of documents which are or have been in his possession, custody or power relating to any matter in question between them in the action;

(b)

the court may, on application,–

(i)

order that discovery under this paragraph shall be limited to such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order, or

(ii)

if satisfied that discovery by all or any of the parties is not necessary, order that there shall be no discovery of documents by any or all of the parties;

and the court shall make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs;

(c)

where liability is admitted or in an action for personal injuries arising out of a road accident, discovery shall be limited to disclosure of any documents relating to the amount of damages;

(d)

the provisions of Order 14 of these rules relating to inspection of documents shall apply where discovery is made under this paragraph as it applies where discovery is made under that Order.

(6)

Discovery under paragraph (5) shall not apply in proceedings to which the Crown is a party.

(7)

In an action for personal injuries–

(a)

the number of expert witnesses shall be limited in any case to two medical experts and one expert of any other kind;

(b)

nothing in paragraph (3) shall require a party to produce a further medical report if he proposes to rely at the trial only on the report provided pursuant to Order 6, rule 1(5) or (6) but, where a further report is disclosed, that report shall be accompanied by an amended statement of the special damages claimed, if appropriate.

(8)

Where the plaintiff makes a request pursuant to paragraph (3)(d) for the proper officer to fix a day for the hearing, he shall file a note which shall if possible be agreed by the parties giving–

(a)

an estimate of the length of the trial, and

(b)

the number of witnesses to be called.

(9)

If no request is made pursuant to paragraph (3)(d) within 15 months of the day on which pleadings are deemed to be closed (or within 9 months after the expiry of any period fixed by the court for making such a request), the action shall be automatically struck out.

(10)

Where the proper officer fixes a day for the hearing, he shall give not less than 21 days' notice thereof to every party.

(11)

For the purposes of this rule,–

(a)

pleadings shall be deemed to be closed 14 days after the delivery of a defence in accordance with Order 9, rule 2 or, where a counterclaim is served with the defence, 28 days after the delivery of the defence;

(b)

“a road accident” means an accident on land due to a collision or apprehended collision involving a vehicle;

(c)

“a statement of the special damages claimed” has the same meaning as in Order 6, rule 1(7).

(12)

Unless the context otherwise requires, references in these rules to the return day in relation to a fixed date action to which this rule applies shall be construed as references to the date on which directions take effect under this rule.”.