 |  |
|
 |
 |
 |
 |
|  | |  | |
13.6
The benefits of a questionnaire
The proposed changes do not involve imposing any radically new duties on the parties
or conferring much wider powers on the courts. Thus, under the RHC as they stand :-
(a)
a party can take out a summons for directions at any time after a defendant has
given notice of intention to defend, so as to establish an early timetable;
(b)
the court is required to secure that the parties "make all admissions and all
agreements as to the conduct of the proceedings which ought reasonably to be
made by them" and has power to make adverse costs orders penalising refusal
to cooperate;
(c)
the parties are under a duty "to give all such information and produce all such
documents on any hearing of the summons as the Court may reasonably require
for the purpose of enabling it properly to deal with the summons;"
and,
(d)
the court has power to give such further directions and orders on its own motion
as may, in the circumstances, be appropriate.
The questionnaire aims at a more focussed exercise of such powers and observance of
such duties. The Working Party believes that a questionnaire would be beneficial and
promote cost-effectiveness in the litigation.
Notes
Under O 25 r 1(7)
a power in practice never used, perhaps because no one has the information
needed to seek or give directions at the very early stages. In specialist lists, express power is given
to take out a summons for directions before the pleadings are deemed to be closed: O 72 r 8(1).
O 25 r 6(1). The questionnaire makes this more systematic and enables the court at the hearing to
consider relevant information already to hand, rather than to have to ask for the information and
adjourn the hearing to allow it to be obtained.
|
 |
|