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Laura, a claimant, has had her claim allocated to the multi-track and the court has fixed a date for a case management conference (CMC). Solicitors representing both Laura and the defendant, Andrew, have agreed on most issues but cannot agree on the scope and timing of disclosure of documents. Which of the following statements best reflects the likely approach of the court during the CMC?

A. The court will adjourn the CMC and expect the parties to agree on the scope and suitable dates for the disclosure of documents by a fixed date, whereupon they will be required to return to the court for approval.

B. The court will adjourn the CMC and expect the parties to agree on the scope and suitable dates for the disclosure of documents by a fixed date, whereupon they will be required to return to the court for approval. The court will also penalise the parties for failing to agree on a suitable direction between themselves.

C. The court will make an order relating to the directions agreed upon between Laura's and Andrew's solicitors, but will schedule a further CMC to discuss the appropriate directions for disclosure.

D. The court will consider the arguments by the parties following their submission of their own proposals for directions to the court. The court will then make an order relating to the disclosure of documents, as well as the remaining directions, at the CMC. If this needs to be amended, then it will be considered further on application by one of the parties.

E. The court will consider the arguments by the parties following their submission of their own proposals for directions to the court. The court will then make an order relating to the disclosure of documents, as well as the remaining directions, at the CMC. There will be no scope to amend this order.

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Under the Civil Procedure Rules (CPR), if parties cannot reach an agreement on an appropriate set of directions, they must submit their own proposals to the court no later than seven days before the CMC. The court will then consider the competing arguments and make a decision on the most appropriate way forward. The court would not adjourn the CMC, as this would cause unnecessary delay (making Options A and B incorrect), nor would it decide on the agreed directions and schedule a further CMC for those not agreed (making Option C incorrect). If the order needs to be amended, either party can apply to the court, making Option E incorrect.

Key Point: The court aims to resolve disputes efficiently and will make necessary orders during the CMC to avoid delays. Parties are required to submit proposals if they cannot agree, and the court will decide based on these submissions.

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Dispute ResolutionUnit 4Chapter 11

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