Allocation Questionnaire
If we take your debtor to Litigation with regards to your Bad Debt, they may dispute the claim. If this is the case then it is almost inevitable that the Judge will order that an Allocation Questionnaire will have to be filled out.
If you wish to proceed further in this claim then there will be a fee for submitting an Allocation Questionnaire.
If your claim is under £1500.00 you will be allocated into the 'Small Claims' with no fee for an Allocation Questionnaire.
If your claim is over £1500.00 but under £5000.00 you will be allocated into the 'Small Claims' with a fee for the Allocation Questionnaire being £40.00
If your claim is between £5,000 and £15,000 you will be allocated to the ‘Fast Track’ with a fee for the Allocation Questionnaire being £220.00
Claims for over £15,000 will be allocated to the ‘Multi Track' with a fee for the Allocation Questionnaire being £220.00.
An allocation questionnaire is a number of questions which help the court in arranging a hearing. This form has various options of which are self explanatory, but to run through them quickly, the options for a civil litigation case would be as follows: To download an allocation questionnaire click here.
- A: Settlement – This gives the claimant the option to get the case stayed (put on hold) for a period of one month in order to give the parties an option to settle before getting a Court hearing date.
- B: Location of Trial – If the claimant would like the hearing to be heard at a particular court then they must supply the details for which court it is and why they would like the hearing at that particular court.
- C: Pre-action protocols – At this stage there is no pre action protocol for civil litigation, however you must show that you have acted with the same spirit as an approved pre-action protocol. In brief this means the claimant has to show they acted in a reasonable manner in trying to settle the case out of court.
- D: Case Management Information – This section allows the court to understand what the claimant is looking to do and has completed already in order to assist in the Case Management Directions. There is varies sub heading under this;
o Dispute: Amount of the claim which is disputed, simply state how much the defendant believes is not owed.
o Applications: the claimant must state to the court what applications they have made to the court already if any, this in brief means applying to get another party added or summary judgment application. If an application has been made and a hearing already set, this must be filed in the allocation questionnaire.
o Experts: If the claimant wishes to include expert evidence for the court hearing either oral or written, it must be stated to the court and the reason behind why you think the expert witness is necessary for the case.
o Track: If the claimant feels that the case is too complicated for a particular track and the costs involved in the case are higher then the set costs, they can apply for the case to be moved to a different track. However the claimant must supply brief reason for why they want the case moving to a different track.
- E: Trial or Final Hearing – In this section of the Allocation questionnaire the claimant must fill in the dates in which they are not available for the hearing, for example a pre booked holiday and also the amount of time they expect the hearing to last for.
- F: Proposed Directions – If the claimant feels there should be some directions for the case. For example if the claimant would like particular evidence brought to their attention 2 weeks before the hearing then this must be supplied to the court for there consideration.
- G: Costs – This section is for the claimant’s solicitor to fill out appropriately, if it is not in the small claims court.
- H: Other Information – This is for any additional information the client may have for the court and also supplying proof and date in which the relevant documents were sent to the Defendant.
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