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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25485
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have issued proceedings in the Central County Court in a

Resolved Question:

I have issued proceedings in the Central County Court in a general litigation matter. The court has issued directions that I have to apply to the court for case management conference within 56 days of order if we don't settle. We have not settled and therefore I would now like to inform the Court and apply for the case management conference. I understand what it is but not how to apply to it. Am I over complicating this and should I just write to "The Court Manager" at the Central London Country Court".

Thanks in advance.

Best,

John
Alterna Assure
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say do I understand that the case was temporarily stayed to allow for settlement and / or mediation which has not been successful please?

Customer:

Hi Joshua,

Customer:

The case was stayed by consent for 28 days to that parties could try and settle.

Customer:

We have not settled. The directions state that if case does not settle must:

Customer:

(1) inform the court and (2) get Defendant's availability and (3) within 56 days of the order (next thursday) to apply to the CLCC for a case management conference for the purpose of obtaining allocaiton and case management direction

Customer:

Also states that we are to inform Defendant of the time of such conference - i.e. when we have been told. I Irish qualified and court takes care of this automatically in IReland but wondering what we need to do here. Is it as simple as find out Defendant's availability and then write to court requesting case management conference avoiding certain dates that don't suit us and them! Hope this clarifies.

Joshua :

Thanks. The position is dealt with by part 26 of the civil procedure rules. Normally the court would automatically schedule a CMC after the period of stay has expired under this part but a court can vary the standard rule by issuing directions which they appear to have done in this case.

Joshua :

There is no application form to request a CMC. All that is required is to notify the court without notice (i.e. by letter for example) the information requred by the directions and the court will then on its own initiative schedule a CMC so far as possible to take account of your and the other party's availability which should be notified to the court.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

No Joshua - Thank you for your advice. That was as I thought but just nervous being out of my jurisdiction.

Best Regards,

John

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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