In the High Court of Justice

Claim NO: [*]BM[*] IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION BRISTOL DISTRICT REGISTRY MERCANTILE COURT HIS HONOUR JUDGE HAVELOCK-ALLAN QC

AA Claimant -and-

BB Defendant

ORDER FOR DIRECTIONS

Transfer 1. The Claim shall be transferred to the Bristol Mercantile Court. 2. This action shall be consolidated [managed and tried] with action number *. The lead action shall be [*]. All directions in the lead action shall apply to both actions, unless otherwise stated. Statements of Case 3. Permission shall be granted for the Amended Particulars of Claim, in the form produced to and approved by the court, to be filed and served by [*]. 4. Permission shall be granted for the Amended Defence [and Counterclaim], in the form produced to and approved by the court, to be filed and served by [*]. 5. Permission shall be granted for any Reply [and Defence to Counterclaim]shall be filed and served by [*]. {Amended Reply {and Defence to Counterclaim}, in the form produced and approved by the court, shall be filed and served by [*]}. 6. The costs of, and occasioned by, the amendments shall be paid by [*]. 7. Replies to the Request for Further Information or Clarification dated [*] in relation to the statement of case of [*] shall be served by [*]. {or 7. There will be a Schedule of Issues to be tried {of items and amounts}{with the following columns [**] : a. Claimant/Defendant shall file and serve Schedule by *}; b. Defendant/Claimant shall file and serve Counter Schedule by [*]}. List of Issues 8. The parties shall file by [*] an agreed draft List of Issues for judicial approval. 9. The List of Issues annexed to this order has been agreed by the parties and approved by the Court. The List shall be kept updated by the parties and cross-referenced to the statements of case. Disclosure 10. Standard Disclosure in relation to the issues set out in the List of Issues shall be made by [*]; Inspection on 48 hours notice shall be completed by [*]. The parties shall identify and discuss prior to disclosure those categories of documents they expect to see in the Lists of Documents of other parties. 11. Disclosure of electronic documents shall be made by electronically produced and exchanged lists. [or 11. In default of not already having done so, the parties shall discuss and resolve by [*] any issues regarding searches for, and preservation of, electronic documents and the format in which electronic copy documents are to be provided upon inspection. The parties shall exchange the Electronic Documents Questionnaire by [*]. In the case of any difficulty or disagreement upon such electronic disclosure or inspection, the matter shall be referred to the Court for further directions at the earliest practicable date]. 12. Specific Disclosure of the documents or classes of documents set out in the Schedule attached to this Order shall be made by [Claimant/Defendant] by [*]; Inspection on 48 hours notice to be completed by [*]. Witnesses 13. Signed statements of witnesses of fact [limited to issue(s) [*] in the List of Issues], and hearsay notices when required by CPR 33.2, shall be exchanged not later than [*]. [Such statements shall be cross referenced by headings or other clear means, to the issues in the List of Issues].

1 14. Unless otherwise ordered, the witness statements shall stand as the evidence in chief of the witnesses at trial. 15. The evidence of [ ] shall be given by video link from [ *] to [ *] on [ * 20**] to be arranged by the party calling such witness. Experts 16. Each party has permission to adduce at the trial expert witnesses as follows: a. [Number] b. [Expertise] c. [Issue(s) to be covered] 17. The signed reports of experts shall be exchanged sequentially by [*] and [*]. {or simultaneously by [*]}. 18. The experts of like disciplines: a. shall hold discussions, pursuant to CPR 35.12(1). for the purposes of identifying the issues, if any, between them and, where possible, reaching agreement on those issues (or at least narrowing them); and b. shall prepare a joint statement, pursuant to CPR 35.12(3), by [*] stating: (a) The fact that they have met and discussed the expert issues; (b) The issue on which they agree; (c) The issues on which they disagree; and (d) A brief summary of the reasons for their disagreement. c. may exchange any short supplemental reports by not later than [*] 19. If the experts’ reports cannot be agreed, the parties shall be permitted to call expert witnesses at the trial, limited to those experts whose reports have been exchanged under this order. {or Single Joint Expert 17. The parties shall have permission to adduce expert evidence in the following field(s) of expertise in the form of a written report by a single joint expert, pursuant to CPR 35.7: a. [Expertise] b. [Issue(s) to be covered]. 18. The parties shall identify and shall, if possible, give joint instructions to the single joint expert by *. In the case of difficulty or disagreement, the matter shall be referred to the Court for directions at the earliest practicable date. 18, The report of the single joint expert shall be produced by [*] and. any questions to the expert shall be presented to him by [*] and answered by [*]. 19. Any party may apply not later than [*] for an order that the expert witness shall give oral evidence at the trial.} ADR 20. The case shall be stayed as from [*] until [*] to enable the parties to try to settle the dispute by Alternative Dispute Resolution (“ADR”] or by other means. {or 20. The parties shall engage in ADR procedures as follows: a. On or before [*] the parties shall exchange lists of 3 neutral individuals who are available to conduct ADR procedures in this case prior to [*]. Each party may [in addition] [in the alternative] provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct ADR procedures in this case prior to [*]. b. On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so exchanged and provided. c. Failing such agreement by [*] the parties either to agree a short list of 3, or to send to the Court their lists (limited to 3), for the Court to select the neutral individual or panel with all parties being bound by that selection. d. The parties shall take such serious steps as they may be advised to resolve their disputes by ADR procedures before the neutral individual or panel so chosen by no later than [*]. e. If the case is not finally settled, the parties shall inform the Court by letter prior to [disclosure of documents/exchange of witness statements/exchange of experts' reports] what steps towards ADR have been taken and (without prejudice to matters of privilege) why such steps have failed. If the parties have failed to initiate ADR procedures the Case Management Conference is to be restored for further consideration of the case.} 21. The parties shall notify the court of the outcome of ADR (i.e. whether or not the case has settled) by [*] or as soon as known. Trial 22. The action {application for [*]/ trial of issue [*]} will be listed for hearing in Bristol Mercantile Court on [*] [or not before] with an estimated length of [*] day(s). Such listing shall be provisional unless and until the Trial fee being paid. [or 22. Each party shall by [*] provide the clerk to the Mercantile Court sufficient information in writing (including advocates’ estimates of the likely length of hearing) to enable the action [application] [issue] to be listed [during the period from {*} to {*} [not before {*}]. [or 22. Each party shall by{*} notify Mercantile listing of dates of non-availability over a {*} months period in respect of a trial estimated to last {*} to commence not before {*}].

2 23. The progress monitoring date will be [*]. Each party is to notify the court in writing by that date (with a copy to all other parties) of the progress of the case, including - a. Whether the directions have been complied with in all respects; b. If any directions are outstanding, which of them and why; and c. Whether a further case management conference or a pre-trial review is required. 24. There will be a pre-trial review (“PTR”) on [*]. [There will be a further CMC following the determination of the application/ preliminary issue/Issue* on *]. 25. In the event that the parties consider the PTR is not necessary, they shall inform the clerk to the Mercantile Court in writing of this not less than 3 clear days before the PTR hearing stating why it is not necessary, enclosing any agreed further directions in relation to the trial. The Court will notify the parties whether it approves or not, making any further appropriate directions in writing as soon as practicable. 26. Signed pre-trial check lists shall be filed and served by [*] [not less than 7 days before the pre-trial review] [not less than 6 weeks before the trial date]. 27. The trial bundles, including a core bundle in a multiple file case, must be: a. agreed, prepared and delivered to counsel [any party acting in person] not less than 14 days before the trial date, and to the court not less than 7 days before the trial date. b. in fully functioning, indexed, paginated and externally identifiable lever arch files not exceeding 300 pages each. 28. The following documents [*] shall be provided to the court electronically as a Word file, as well as in hard copy: a. The skeleton arguments shall be served on all other parties and lodged with the Court by attachment to e-mail at the following address: [email protected] (a) by the Claimant, not later than [*] clear days before trial; (b) by each of the Defendants not later than [*] clear days before trial. b. A chronology, dramatis personae, agreed reading list and composite bundle of authorities referred to in skeleton arguments shall be lodged with the Court not later than [*] clear days before trial. Costs 29. The costs shall be in the case [or otherwise]. 30. In the event that any party is more than [* ] days in breach of any of paragraphs [ * ] of this order, each party shall inform the Court of the breach by letter headed with the title of the action and marked for the attention of the Mercantile Judge. 31. The approved budgeted cost estimates of the parties for the action are £ [*]

DATED this day of 20

3 Miscellaneous 1. Save as varied by this order or further order, the practice and procedures set out in the Mercantile Courts Guide are to be followed and the parties should prepare for trial in accordance with the current guide in CPR 59 in volume 2 of the White Book. The guidance of the Admiralty and Commercial Courts Guide is substantially followed. 2. Upon receipt of trial notice, trial fee becomes due. In the event of pre-trial settlement of claims then a proportion of the fee may become refundable upon request. 3. Solicitors should inform Counsel of the date of hearing of cases in which they are concerned and ensure that the parties and their witnesses are present at court when required. 4. Parties must raise with the Mercantile Clerk at the earliest opportunity any questions or requests concerning services or assistance to be provided, such as video links, telephone conferencing, electronic filing & documentation, hearing assistance, DDA requirements, interpreters, transcription & translation. 5. Applications to adjourn a trial must be made on notice and may, subject to direction of the Mercantile Judge, be dealt with on paper or at a public hearing. 6. Solicitors are asked to inform the court immediately of any change in circumstances which may affect their case by contacting the Mercantile Clerk at The Mercantile Court, Bristol County Court, Lewins Place, Lewins Mead, Bristol, England BS1 2NR; DX 95903 Bristol 3, Tel: 0117 910 6706, or by e-mail, [email protected] or (as last resort) by Fax 0117 910 6727. 7. Documents are to be provided to the Court electronically or in computer readable form whenever possible. However: a. documents supplied in electronic format must comply with the relevant Practice Direction to CPR 5; b. hearing and trial bundles, and authorities, should not be in electronic form unless specific permission is given; c. e-mail attachments sent to the Court should not exceed 1MB in size; d. please do not send documents to, or communicate with, the Court by fax unless strictly necessary. 8. The following MUST be lodged unless otherwise directed by the court: a. a trial bundle in fully functioning lever arch file consisting of one or more indexed and paginated folders (with numbered spines) containing no more than 250 pages each. A core bundle must be provided in multi bundle cases; b. skeleton arguments from all parties to be e-mailed to the Mercantile clerk at [email protected]; c. a chronology; d. a composite bundle of authorities referred to in the skeleton arguments; e. an agreed reading list; f. a dramatis personae.

NB These are responsibilities of the legal representatives of the parties and any default must be explained in a personal letter from the defaulter addressed to the Judge concerned and delivered through the Clerk to the Mercantile Court. Any default may result in an adverse costs order and/or adjournment of the trial at the expense of defaulting party.

9. If the case is not reached or concluded on the day or days allocated, it may be included in the list for the following day.