2 The beginnings of case management

Question 1

Courts power to make orders of own initiative, rules on hearing:

Answer 1

MUST give 3 days notice of hearing and MAY give chance for affected party to make representations

Question 2

Unrepresented party, court must

Answer 2

• have regard for that fact
• adapt proceedings
• ask questions to unrepresented party what questions they intend to ask witnesses

Question 3

Striking out on own initiative, court must:

Answer 3

Record the statement of case is “totally without merit” and consider a civil restraint order

Question 4

Courts general power to rectify?

Answer 4

The error will not have invalidated the steps taken unless the court orders it so. Court may make an order to remedy

Question 5

How long can parties extend time limits for?

Answer 5

Up to 28 days, unless court order time frame cannot be extended, as long as no hearing date is put at risk

Question 6

What time limits cannot be varied with fast track cases? Set under CPR 28.4

Answer 6

• return of pre trial checklist
• trial or trial period

Question 7

What time limits cannot be varied by parties on multitrack claims? CPR 29.5

Answer 7

• a case management conference (CMC)
• pre trial review
• return of pre trial checklist
• trial or trial period