How to use the N170 builder
- Enter the claim and the dates. Choose the track, enter the court and claim number, and the last date for filing and the trial date or trial period from the court’s notice (N171) or the directions order.
- Say who it is for. Say whether the party’s legal representative or the party completes it, and which party: first, second, third or another; claimant, defendant or other party.
- Answer sections 1 to 4. Compliance with directions and any additional directions, the witnesses and any dates to avoid, the experts, and who will present the case at the trial.
- Answer sections 5 to 7. Whether the trial estimate has changed, whether the attached trial timetable is agreed, shorter notice (fast and intermediate track only) and vulnerability.
- List what you attach. Tick the application, draft order and proposed trial timetable you attach. A legal representative says whether a costs management order has been made and, if not, records the costs estimate attached.
- Sign, download and file. Enter your name, the date and the address, download the filled N170, check it, sign it and file it by the date, with what it says is attached.
When the pre-trial checklist is due
On the fast track and the intermediate track the court sends Form N170 with Form N171, which gives the date for returning it. That date is in the notice of allocation, not more than 8 weeks before the trial date or the start of the trial period, and the forms are sent no later than 2 weeks before it (CPR 28.4; PD 28 para 6.1). In the typical fast track timetable, counted from the notice of allocation, the court sends the checklists at 20 weeks, they are filed at 22 weeks and the hearing is at 30 weeks (PD 28 para 9.5); the free fast track timetable calculator works out every date. On the multi-track the court specifies the date when it fixes the trial date or period, not later than 8 weeks before it, and serves the checklists at least 14 days before the filing date (CPR 29.2(3); PD 29 para 8.1). Only the court can change the date (CPR 28.3(1)(c); CPR 29.5(1)(c)).
If the checklist is not filed
If no party files a completed checklist by the date, the court orders that unless one is filed within 7 days of service of that order, the claim, defence and any counterclaim will be struck out without further order (CPR 28.4(3); CPR 29.6(3); PD 28 para 6.5(1); PD 29 para 8.3(1)). Where one party files and another does not, or information is missing, the court may give directions and normally fixes or confirms the trial date; on the multi-track it fixes a hearing (CPR 28.4(4); CPR 29.6(4); PD 29 para 8.3(2)). A party who has not complied with directions says so at 1.1, with the date by which it will comply: the court will not allow a failure to comply to postpone the trial unless the circumstances are exceptional (PD 28 para 5.4; PD 29 para 7.4).
The costs estimate the checklist asks for
Page 1 of the N170 is addressed to legal representatives: where no costs management order has been made, attach estimates of the costs incurred to date and of the likely overall costs, in substantial cases in compliance with the CPR. Where one has been made, the court controls the budgets (CPR 3.15(3)) and a party must revise its budgeted costs if significant developments warrant it (CPR 3.15A(1)); completing and filing the checklist is part of the PTR phase of a budget (PD 3D para 6). The builder records whether the estimate is attached and its date, and never works out a figure. For the statement of costs for summary assessment at the trial, where costs are not fixed, use the free N260 builder: for a fast track trial it is filed and served not less than 2 days before the trial (PD 44 para 9.5(4)(a)).
The hearing fee
The Fees Order lists no fee for filing the checklist itself (our reading). The hearing fee (fee 2.1) is £619 on the fast track and £1,334 on the intermediate track or multi-track. It is paid by the claimant (by the defendant where the claim proceeds on the counterclaim alone): at least 28 days before the trial date, or the Monday of the first week of the trial period, where notice of it was given 36 days or more before, and otherwise within 7 days after the notice. Where the court gave both a trial date and a trial period, the fee runs from the Monday of the period. Notice is given on the day the court sends it out, or, if it is given only orally, on the day it is given, not on the day an order is made (Fees Order Sch 1, notes to fee 2.1). The builder reads “at least 28 days” as 28 clear days, neither the day of payment nor the trial date counting (our reading: the courts read “not less than” a number of days before an event as clear days, Re Hector Whaling Ltd [1936] Ch 208, following R v Turner [1910] 1 KB 346, and the Fees Order is outside CPR 2.8), and brings a weekend or bank holiday back to the business day before. The court’s fee notice states the date (CPR 3.7A1(3)), but the date is calculated under the Fees Order (CPR 3.7A1(1)(e)), so if the two differ, pay by the earlier. If it is not paid and no remission has been applied for, the claim is struck out automatically (CPR 3.7A1(7)), or the counterclaim where the defendant pays on it alone (CPR 3.7AA(6)). Enter the day the court sent out the first notice in the builder to see the date; every fee is in the civil court fees calculator.
On the Damages Claims Portal
In a fast track claim on the portal, the parties complete a trial readiness certificate on the portal within 2 weeks of the court’s notice instead, unless a judge also directs an N170 (PD 51ZB para 7.6). On the intermediate track and the multi-track, an N170 is needed only where a judge directs one, uploaded to the portal; if none is uploaded on time, the claim goes to a judge for directions rather than the strike-out order (PD 51ZB para 7.6A). The pilot runs until 6 April 2027.
Related tools
- The fast track and intermediate track timetable calculator: every date from allocation to trial
- The N260 statement of costs builder, for summary assessment at the trial
- The N244 application notice builder, for additional directions
- The terms, defined: fixed recoverable costs and summary assessment
- Every free tool in one place: costs help for solicitors
Sources
- Form N170: listing questionnaire (pre-trial checklist) (HMCTS, GOV.UK)
- CPR Part 28 (rules 28.2 to 28.5 and 28.14), also on legislation.gov.uk, and Practice Direction 28 (paras 5, 6.1, 6.5 and 9.5)
- CPR Part 29 (rules 29.2, 29.5 to 29.8), also on legislation.gov.uk, and Practice Direction 29 (paras 7, 8.1 and 8.3)
- CPR Part 26 (rule 26.9), CPR Part 35 (rules 35.4, 35.5 and 35.12) and CPR Part 39 (rule 39.4)
- CPR Part 3 (rules 3.7A1, 3.7AA, 3.15 and 3.15A) and Practice Direction 3D (para 6)
- Practice Direction 1A (vulnerable parties and witnesses)
- Practice Direction 44 (para 9.5, the statement of costs)
- Practice Direction 51ZB (paras 7.6 and 7.6A, the Damages Claims Portal)
- Civil Proceedings Fees Order 2008, Schedule 1 (fees 2.1, 2.4 and 2.5) and HMCTS’s EX50 fees list