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(m)
if expert evidence is needed, whether appointment of a single joint expert is
considered appropriate and if not, why not;
(n)
if party-appointed experts are to be appointed, how much time it is likely to take
to have their expert reports ready for exchange;
(o)
whether a case management conference should be held;
(p)
the extent to which the proceedings may be conducted in Chinese;
(q)
whether the Technology Court may beneficially be used for all or any part of
the proceedings; and,
(r)
the estimated length of the trial.
On the basis of the information and estimates supplied, the plaintiff would then
propose what he considers to be suitable directions and a timetable for the action.
The questionnaire would then be passed on to each defendant who would indicate in
columns alongside those filled in by the plaintiff, whether they agree with the
plaintiff's estimates and proposed directions, and if not, what their own estimates and
proposals are. The questionnaire would then be returned to the plaintiff who would
consider whether, in the light of the defendants' responses, he ought to modify any of
his own estimates or proposals before filing the questionnaire in court. Relatively
short time-limits for each of these steps should be provided.
Unrepresented litigants ought to be given suitable latitude. While they should be
encouraged, if possible, to complete the questionnaire, it may be appropriate in some
cases to require such a litigant only to provide information about his case (as to how
many documents he has and how many witnesses he is likely to call, etc), relaxing the
requirement regarding the proposal of directions and a timetable, leaving such matters
to be formulated by the court on all the available information. A case management
conference is likely to be needed in such cases, with the court providing procedural
guidance to the unrepresented litigant.
Notes
In the light of the proposed guidelines discussed in Section 20 below.
Compare the information sheet required in the Construction and Arbitration List: PD 6.1/9 and App. A.
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