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Review Your SQE 1 Practice Records

Examination Timing: 00H00M01S

You represent a married couple in a breach of contract claim against a building contractor. The claim involves the cost of remedial works to their property following the completion of the contractor's work. The contractor defends the claim, arguing the items in question are not defective. The case is proceeding in the multi-track, and you are due to file pre-trial checklists tomorrow. However, you have been unable to contact your clients as they seem to have gone on holiday without informing you.

How should you advise your clients upon their return?

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According to the Civil Procedure Rules (CPR) 29.6(2), each party must file a completed pre-trial checklist by the date specified by the court. If a party fails to file the pre-trial checklist on time, CPR 29.6(4) provides that the court will fix a hearing at which it will issue such directions as it deems appropriate. Practice Direction 29.8.3(2) further clarifies this process, indicating that the court will manage the case to ensure it proceeds efficiently. Options A, D, and E are incorrect because they do not accurately reflect the procedural steps the court will take according to the CPR. Option B is also incorrect because the parties cannot agree to extend the time for filing pre-trial checklists by consent, as per CPR 29.5(1)(c). Upon your clients' return, you should advise them that the court will schedule a hearing to address the failure to file the pre-trial checklist, at which point the court will issue necessary directions. This approach ensures that the case remains on track and addresses any procedural deficiencies. 

Key Point: Under CPR 29.6(4) and Practice Direction 29.8.3(2), if a pre-trial checklist is not filed on time, the court will schedule a hearing to issue appropriate directions. This ensures cases are managed effectively, even when procedural deadlines are missed.

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