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 a 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

STEP

DESCRIPTION

​​BOTH PARTIES​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 23 of thPractice Note).
​BOTH PARTIES​COMPLETE INFORMATION SHEETIf 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 D to the  Practice Note.

BOTH PARTIES

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 appropriate expert.

 

BOTH PARTIES

DISCUSS AND AGREE ON COURT DIRECTIONS

The parties are to discuss and agree on the directions the Court should make at the second directions hearing.   These directions should include any directions not made at the first directions hearing to prepare the appeal for the final hearing.   They will also be based on the usual directions at first directions hearing in Schedule B to the Practice Note.

 

 

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