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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6822
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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We are making a probate claim and now have a Pre Trial

Resolved Question:

We are making a probate claim and now have a Pre Trial Review date. We have been instructed to produce a Pre Trial Review bundle, Chronology, Skeleton Arguments, Case Summary and Draft order or draft directions.
Can you explain to me what they mean by a draft order or draft directions do you have an example?
Submitted: 3 months ago.
Category: Law
Expert:  Michael Holly replied 3 months ago.

I assume that you are representing yourselves.

Assuming this is correct, you do not need to worry about either.

Directions are a timetable by which both parties are expected to complete the various steps necessary to get the case ready for trial. Solicitors acting for the parties are expected to assist the court by making suggested directions. However, those representing themselves are not.

The same applies to a draft order.

I hope this helps. If there are any further points please reply I will be happy to respond.

Kindly rate my answer before leaving the site so I get credit for my time.

Best wishes

Michael

Customer: replied 3 months ago.
Is there any circumstances that LIP's would be expected to produce Draft Orders or Draft directions, as my wife believes that the Estate lawyers has hinted that if we don't the case may be struck out.
Expert:  Michael Holly replied 3 months ago.

The court would not in my view expect a litigant in person to produce either draft directions or a draft order. It requires legal knowledge to do so and as a litigant in person you are not expected to have any. The Civil Procedure Rules which govern how litigation is conducted stipulate the duty of solicitors where they are against a LiP to assist in technical matters and they should be producing both the draft directions and draft order.

If you are concerned I would write to the Court Manager at the Court where the matter is being dealt with, explain that you do not know how to do these items.

The case will not be struck out if you fail to do so, producing a draft of the directions and order is a courtesy to the court to save the judge time. The judge will give what directions and make whatever order the judge thinks fit so producing drafts is usually a totally wasted exercise anyway.

Kindly rate my answer before leaving the site so I get credit for my time

Best regards

Michael

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