Pre Trial Checklist and Legal Costs
What is a Pre Trial Checklist?
A Listing Questionnaire (pre-trial checklist Form N170) is a document that sets out the various matters that need to be addressed before a trial takes place. The exact content of the pre-trial checklist can vary depending on the nature and complexity of the case, but it typically includes the following items:
- The identification of the parties involved in the case, including their names, addresses, and contact details.
- A summary of the issues in dispute between the parties, including the legal and factual basis of their respective claims and defences.
- A list of the relevant legal representatives that are applicable to the case.
- A list of the witnesses who are expected to give evidence at trial, along with their contact details and a summary of the evidence they are expected to provide.
- A list of any expert witnesses who have been instructed, along with their contact details and a summary of the evidence they are expected to provide.
- A summary of the evidence that has been disclosed by each party, including any documents or other materials that are relevant to the case.
- A list of any outstanding disclosure requests or orders, along with the deadlines for compliance.
- A list of any outstanding interlocutory applications or orders, along with the deadlines for compliance.
- A timetable for trial and details of any other procedural steps that are likely to be required.
- A schedule of deadlines for each stage of the litigation process, including the filing of any documents, the service of any notices, and the attendance of any pre-trial conferences.
Overall, the pre-trial checklist is designed to ensure that all necessary steps are taken before the trial takes place, and that both parties are fully prepared to present their cases in court.
Estimates of costs within a Listing Questionnaire
Before the implementation of Costs Budgeting, a pre-trial checklist estimate of costs was mandatory in a listing questionnaire for all cases. Costs Budgets have now replaced such estimates in Multi-Track claims, however, estimates are still used Fast Track cases.
Although Costs Budgets have been introduced, legal representatives frequently assess and revise their Costs Budgets when considering expenses for a Pre-Trial Checklist as this work is explicitly recoverable under the Precedent H Guidance Notes.
If changes are necessary at this stage, such as overspending in phases due to changes in case circumstances, a Precedent T is required.
For cases without budgets, legal representatives must guarantee that their legal expenses are assessed and a Costs Estimate is provided with the Listing Questionnaire. Additionally, an N260 Statement of Costs must be completed promptly before the Trial.
We suggest utilizing a Pre-trial checklist estimate of costs for Fast Track disputes, not covered by fixed costs.
Filing a Pre-Trial Checklist
The process for filing a pre-trial checklist can vary depending on the court in which the case is being heard. However, in general, the following steps may be required to file a pre-trial checklist:
- Complete the pre-trial checklist: The parties will need to complete the pre-trial checklist form or draft their own pre-trial checklist. This will involve providing information about the parties, the issues in dispute, the witnesses and experts, and any outstanding disclosure requests or orders.
- Serve the pre-trial checklist on the other party: The completed pre-trial checklist must be served on the other party in accordance with the court’s rules and procedures. This may involve sending the form by post or email, or delivering it in person.
- File the pre-trial checklist with the court: The completed pre-trial checklist must be filed with the court in accordance with the court’s rules and procedures. This may involve sending the form by post or email, or delivering it in person. The court may require the parties to file multiple copies of the pre-trial checklist, so it is important to check the court’s rules and procedures carefully.
- Attend any pre-trial conferences: The court may require the parties to attend pre-trial reviews to discuss the pre-trial checklist and any outstanding issues in the case. It is important to attend these conferences and comply with any orders made by the court.
How can Greener Costs assist?
We assist on all matters of legal costs dispute resolution to help you recover maximum costs following a case. We can assist you in the drafting of your costs budgets, bills of costs, points of dispute and replies to points of dispute.
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