4 - Case and Costs Management

Question 1

When does allocation take place?

Answer 1

After the Defence has been filed and served and the court office has reviewed the statements of case

Question 2

Court provisionally decides a track and sends a Notice of Proposed Allocation.
How does the court decide which track?

Answer 2

Small claims track = £10,000 or less

Fast track = £10,000 - £25,000

Multi-track = over £25,000

Question 3

What is the purpose of a DQ?

Answer 3

provides information to the court to determine proper allocation

Question 4

What further filings and steps are only necessary if multi-track claim?

Answer 4

• disclosure report
• costs budget
• agreed budget discussion report
• CCMC

Question 5

What is Precedent H?

Answer 5

Costs Budget = costs incurred so far and estimated costs

Question 6

What is Precedent R?

Answer 6

Agreed budget discussion report

Question 7

What cases are exempt from costs management rules?

Answer 7

Value of claim is £10m or more and commenced after 22 April 2014

Question 8

What is the general rule on costs?

Answer 8

the unsuccessful party should pay the successful party’s costs – CPR 44.2(2)(A) – subject to wide discretion

Question 9

In what circumstances will the court impose sanctions?

Answer 9

CPR 3.3 - broad power to make any order of its own initiative

CPR 3.8 - when a party does not comply with CPR/PD/Court order, court can impose sanctions

Question 10

If a sanction is imposed by the court, what form is it likely to take?

Answer 10

• strike out written material so that it cannot be relied on
• costs
• prevent adducing evidence on an issue
• limit interest / increase interest payable
• order payment of a sum into court

Question 11

Denton

Answer 11

leading case for approach towards relief from sanctions - 3 stages