1.8 Case Management Flashcards
What is the overriding objective of case management?
Encourage parties to cooperate in conduct
Encourage parties to use ADR (court considers appropriate)
Deal w/o parties’ court attendance
Give directions > Ensure trial proceeds efficiently + quickly
Which track may courts allocate the case to?
Small claims track
- Claim < £10,000
- Personal injury claim < £1,000
- Tenant’s claim vs Landlord (repairs/other) > Costs/Financial claim of other claim for damages =< £1,000
Fast track
- £10,000 < Claim =< £25,000
- Within 30 weeks of allocation => Trial =< 1 day
- 1 expert per day per expertise > Oral evidence at trial
- Winner > Recover costs (capping)
Multi-track
- Claim > £25,000
- Trial > 1 day
- +1 expert > Oral evidence at trial
- Winner > Recover costs (NO capping)
High Court (D’s jx)
- D is individual
- Specified sums
When may court allocate cases? Can it be reallocated/challenged/appealed?
After filing defence
Court’s provisional allocation
Reallocation
- Parties + court agree
- Change in circumstances/value
Appeal/Challenge
- Party/Legal rep present at CMC hearing if it took place
What factors may the court consider?
Financial value of claim/counterclaim
Nature of remedy sought
Likely complexity > Facts/Law/Evidence
No. parties
Oral evidence amount
Importance of claim > Non-parties
Views expressed by parties + circumstances
What are case managment direction orders?
Steps to prepare for trial
Point of pre-trial checklists
Compliance directions
=> PDs (each track) + average non-complex claims
What directions may be given at small claims track?
Exchange reliant docs at least 14 days before hearing + file at court (paper hearing)/bring original files at court hearing
Final hearing > Notice of date/time/location/time allowed
Settlements made > Notice in writing > Court
Special directions (made/requested) (where appropriate) => Modify + exchange W evidence (as court considers appropriate) - If significant modifications => May allocate to fast track if appropriate
What directions may be given at fast track?
Directions (can vary deadlines by parties’ agreement)
- Allocation
- Disclosure within 4 weeks
- Exchange W evidence within 10 weeks of directions order
- Exchange expert evidence within 14 weeks
Directions (can NOT vary deadlines)
- Filing of pre-trial checklist
- Court sends out pre-trial checklist > 20 weeks before trial + return 2 weeks later
- Trial period (within 30 weeks)
Application to vary directions
- Within 14 days of order
- After 14 days > Justified variations
- If party seeking variations was present at CMC and order subsequently made => Can appeal order
If CMC took place (due to lack of cooperation/party’s default) => Costs penalty possible vs defaulting party
What directions may be given at multi-track?
Directions
- More complex
- Flexible
Longer timetable to trial
Potential CMC > Directions (can vary deadlines by parties’ agreement)’
- Stay proceedings > Attempt ADR
- Specify issues
- Specify disclosure scope + extent
- Split trial > Liability + damages
Directions (can NOT vary deadlines)
- Filing of pre-trial checklist
- Court sends out pre-trial checklist > 20 weeks before trial + return 2 weeks later
- Trial period (within 30 weeks)
Application to vary directions
- Within 14 days of order
- After 14 days > Justified variations
- If party seeking variations was present at CMC and order subsequently made => Can appeal order
If CMC took place (due to lack of cooperation/party’s default) => Costs penalty possible vs defaulting party
When may court revoke/vary orders?
Material change of circumstances/facts re decision > Misstated (omission/positive)
Court should consider
- Finality of litigation
- Need to avoid undermining ‘appeal’
What may court order if non-compliance with case management orders? What is required?
1) Non-compliance with order
- NO good reason
- By specified date
2) NO delay
3) Warn other party his intent
Court may impose
a) Defaulting party;
- Pay security to court
- Pay costs (indemnity)
- Prevented from costs recovery
b) Sanctions
How may non-complying party apply for relief from sanctions?
ASAP
Supporting evidence
Conduct litigation
- Efficiently
- Proportionate cost
3-stage test
1) NOT serious/significant breach
2) Reason for breach
3) ALL circumstances
- Other party suffering any prejudice
What is the purpose of case management conferences?
Allocate claims
Review case at trial
As part of interim app
Timetable significantly slipped/circumstances changed
Review steps taken > Progress action
Review compliance w/ previous directions or orders
Decide further steps/directions/contents + record agreements
What should be filed in advance of CMC?
Case summary
- Chronology
- Issues
Pleadings
Disclosure reports
E-directions questionnaire
Directions questionnaire, proposed directions
Costs budgets
What directions may be made before trial at CMC?
Additional pleadings > Filing
Provide disclosure by list
Inspect docs
Exchange WS
Experts
- Appointment
- Exchange expert reports
- Issue single joint expert report
Prepare joint statement (agreement/disagreement)
Listing pre-trial review, trial + associated directions
