The County Court Rules 1981

ORDER 17PRE-TRIAL REVIEW

Matter to be considered on pre-trial review

1.  On any day fixed for the pre-trial review of an action or matter the registrar shall, subject to the following provisions of this Order, consider the course of the proceedings and give all such directions as appear to be necessary or desirable for securing the just, expeditious and economical disposal of the action or matter.

Securing admissions and agreements

2.  On the pre-trial review the registrar shall endeavour to secure that the parties make all such admissions and agreements as ought reasonably to be made by them in relation to the proceedings and may record in the order made on the review any admission or agreement so made or any refusal to make any admission or agreement.

Application for particular direction

3.  Every party shall, so far as practicable, apply on the pre-trial review for any particular direction he may desire and shall file and give to every other party notice of his intention to do so, and if an application which might have been made on the review is made subsequently, the applicant shall pay the costs of and occasioned by the application, unless the court otherwise directs.

Rules as to interlocutory applications to apply

4.  The provisions of these rules relating to interlocutory applications shall have effect as if the pre-trial review were the hearing of an interlocutory application and accordingly the registrar may, on the review, exercise any of the powers exercisable by him on an interlocutory application and may do so of his own motion if no application is made for the exercise of the power.

Non-appearance by plaintiff

5.—(1) If the plaintiff does not appear on the pre-trial review, the registrar may, without prejudice to any other power, proceed with the review in his absence or order the action or matter to be struck out.

(2) Order 21, rules 1(2) and (3) and 2(2), shall apply, with the necessary modifications, in relation to the striking out of an action or matter under paragraph (1) as they apply in relation to the striking out of proceedings under Order 21, rule 1(1).

Admission by defendant of plaintiff's claim

6.  If, on or before the pre-trial review, the defendant admits the plaintiff's claim or such part thereof as the plaintiff accepts in satisfaction of his claim, the registrar may give such judgment or make such order as he thinks just.

Non-appearance by defendant who has not delivered admission or defence

7.—(1) If the defendant does not appear on the pre-trial review of an action and has not delivered an admission or defence, the registrar may, if he thinks fit, enter judgment for the plaintiff.

(2) If the plaintiff's claim is for unliquidated damages, any judgment entered under paragraph (1) shall be an interlocutory judgment for damages to be assessed, unless at the time of the entry of judgment the plaintiff adduces evidence as to the amount of his damages.

Non-appearance by defendant who has delivered defence

8.  If the defendant has delivered a defence but does not appear on the pre-trial review of an action, the registrar may, at the request of the plaintiff and upon proof of facts entitling him to relief, give such judgment or make such order as the registrar thinks fit.

Fixing date of hearing

9.  On or as soon as practicable after the completion by the registrar of his consideration of the matters referred to in rule 1 the proper officer shall, if the action or matter remains to be heard and determined, fix a day for the hearing and give notice thereof to every party.

Pre-trial review in other proceedings

10.  If in any proceedings in which no pre-trial review has been fixed the registrar is nevertheless of opinion that the question of giving directions ought to be considered, then, without prejudice to Order 13, rule 2(4), he may, with a view to obtaining assistance in such consideration, cause notice to be given to the parties requiring them to appear before him on a day named in the notice and thereupon the provisions of this Order shall have effect, with the necessary modifications, as if that day were the day fixed for a pre-trial review.