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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.
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?
The case was stayed by consent for 28 days to that parties could try and settle.
We have not settled. The directions state that if case does not settle must:
(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
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.
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.
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.
Is there anything above I can clarify for you?
Does the above answer all your questions or is there anything I can clarify or help with any further?
No Joshua - Thank you for your advice. That was as I thought but just nervous being out of my jurisdiction. Best Regards, John
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