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An allocation questionnaire will be sent to both the claimant and the defendant shortly after a defence has been entered. It is a most important document that should always be taken seriously. If the claim is for an amount of more than British Pounds 1,000, the claimant must pay a fee of British Pounds 80 to file the allocation questionnaire. Like other court fees this may be added to the claim and if the claimant ultimately succeeds in getting judgment, it is ultimately recoverable from the defendant.
The defendant does not normally pay a fee to file the allocation questionnaire, but exceptionally,if the case is proceeding on a counterclaim alone, it is payable by the defendant but not by the claimant. The parties are notified of the date by which the allocation questionnaire must be returned to the court and it is important that this date is adhered to.
If it is not, the court will probably write to the party at fault giving another date in the very near future, but there is no requirement for the court to do this. If the questionnaire is not returned by the new date, the judge may strike out the claim or the defence according to which party is at fault.
This means that either the claimant or the defendant has lost. Alternatively the judge may order an allocation hearing, and he may order that the party at fault pay the cost of this.
It is expected that the claimant and the defendant will cooperate as necessary to provide information for each other's questionnaires. In reality this may sometimes be an ambitious expectation because the defendant and client are not likely to be on good terms. Nevertheless it is expected, and a party that does not cooperate may later be penalised on costs.
It is usually a good idea to communicate and ask questions in writing. Such communications should be businesslike and polite, and never abusive, whatever the temptation.
A failure to get a reply should not stop you returning the allocation questionnaire by the due date. You should do the best that you can in the circumstances and attach copies of letters that have not received a reply. This will do you no harm at all. One of the questions on the form calls for an estimate of how long the trial will take and this is an example of where cooperation may be needed. It is difficult to answer without some knowledge of the other person's intentions.
The prime purpose of the allocation questionnaire is to provide information for the court to use in allocating the case to the most suitable track. However, there are other purposes, including providing information to help the efficient management of the case.