Ann: Quarterly Activities Report, page-32

I accept that the parties often reach agreement before a hearing starts. However, the point of an ex parte application is to get things moving and not to wait till such time as the usual court schedule dictates. Think interim injunctions. In this case if BND feels the claimants are demanding an unreasonable sum such that there is no reasonable basis for the calculation and no defence to obvious extortion a court should consider the equivalent of an Order 14 application (UK White Book Rules) for speedy trial with early hearing.