--(1) The general rule is that the court office shall fix a case management conference immediately upon the filing of a defence to a claim other than a fixed date claim form.
--(2) Where there are two or more defendants and at least one of them files a defence, the court office shall fix a case management conference-
----(a) when all the defendants have filed a defence; or
----(b) when the period for the filing of the last defence has expired,
whichever is sooner.
--(3) If the court does not-
----(a) dispense with a case management conference under rule 27.4(1) and give directions under rule 27.4(2); or
----(b) give notice of a case management conference within-
--------(i) 14 days of the filing of a defence, where there is only one defendant;
--------(ii) 14 days of the filing of the last defence, where there are two or more defendants; or
--------(iii) 14 days of the expiration of the period for the filing of the last defence, where there are two or more defendants,
--the claimant shall within 28 days of the relevant period identified in subparagraph (b) apply for a date to be fixed for the case management conference.
--(4) If the claimant does not so apply, the claim shall be automatically struck out.
--(5) The claimant may apply for relief within 3 months from the date of the service of the defence from the sanction imposed by paragraph (4).
--(6) In considering whether the court grants relief, the court shall have regard only to whether the defendant has suffered any prejudice and rule 26.7 shall not apply.
--(7) If the court grants relief, the case management conference shall take place within 28 days of the order.
--(8) The application under paragraph (5) shall be made with notice and shall be supported by evidence.
--(9) The case management conference shall take place not less than four weeks nor more than eight weeks after-
----(a) the defence is filed where there is only one defendant;
----(b) the final defence is filed where there are two or more defendants; or
----(c) the expiration date for the filing of the last defence where there are two or more defendants,
--unless any rule prescribes a shorter or longer period or the case is urgent.
--(10) However, a party may apply to the court to fix a case management conference at a time earlier than that provided in paragraph (1) or (2).
--(11) The application may be made without notice but shall state the reasons for the application.
--(12) The court shall fix a case management conference on application if it is satisfied that it will enable it to deal with the case justly.
--(13) The court office shall give all parties not less than 14 days notice of the date, time and place of the case management conference.
--(14) The court may with or without an application direct that shorter notice be given-
----(a) if the parties agree; or
----(b) in urgent cases.
--(15) Unless the court orders otherwise, time for fixing a case management conference shall not run in the long vacation.
Notes
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
Amended by Legal Notice 261 of 2005.
Amended by Legal Notice 233 of 2005.
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