Development appeals: preparing for the second directions hearing                

 

If the parties are unable to reach agreement at the conciliation conference to resolve the appeal, the appeal will need to be prepared for hearing. The Practice Note and usual directions at the first directions hearing specify the steps the parties will need to undertake before the second directions hearing

WHO

TASK

DESCRIPTION

​BOTH​CONSIDER WHETHER EXPERT EVIDENCE IS NEEDEDDepending on the issues in the case, you may wish to rely on expert evidence, such as the opinion of a town planner or an engineer. If you want to rely on expert evidence, you need to apply for directions to rely on expert evidence (paragraph 24 of the Practice Note)

BOTH

COMPLETE INFORMATION SHEET

If the parties are seeking a hearing date and want to rely on expert evidence at the hearing, they are required to complete an information sheet in the form of Schedule F to the Practice Note.

BOTH

DISCUSS AND AGREE EXPERT EVIDENCE

The parties are to discuss and agree on the expert evidence to be called by each party, including whether a parties’ single expert is appropriate. If a parties’ single expert is to be called, the parties are to agree on the identity and remuneration of the expert, or if unable to agree, file and serve the names, curriculum vitae and fees of three experts at least three days before the second directions hearing. This allows the Court to select an expert.

BOTH

DISCUSS AND AGREE DIRECTIONS

The parties are to discuss and agree on directions the Court should make at the second directions hearing.  

These directions should be based on the usual directions in the Practice Note:

If the parties do not agree, each party should prepare their own version of the directions they propose (paragraph 35 of the Practice Note).​

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