4.6 Early case management on the multi-track

Question 1

Which Part of CPR deals specifically with the multi-track?

Answer 1

Part 29

Question 2

What are the main characteristics of the multi-track?

Answer 2

29 PD 3.2
The hallmarks of the multi-track are—
(1)
the ability of the court to deal with cases of widely differing values and complexity, and
(2)
the flexibility given to the court in the way it will manage a case in a way appropriate to its particular needs.

Question 3

Where will multi-track claims take place?

Answer 3

29 PD 2 and 3.1
The Royal Courts of Justice, the Rolls Building, or another civil trial centre.

Parties can request the RCJ.

Question 4

Which Rule sets out what parties must do to prepare for the CMC?

Answer 4

CPR 29.4

Question 5

What will the court do if it approves the parties’ draft directions?

Answer 5

CPR 29.4
Where the court approves agreed directions, or issues its own directions, the parties will be so notified by the court and the case management conference will be vacated.

Question 6

What is the deadline for the parties to submit their agreed or proposed directions to the court in multi-track cases?

Answer 6

CPR 29.4

… at least seven days before any case management conference …

Question 7

Is the court required to seek draft directions from the parties and/or hold a CMC?

Answer 7

29 PD 4.5
On the allocation of a claim to the multi-track the court will consider whether it is desirable or necessary to hold a case management conference straight away, or whether it is appropriate instead to give directions on its own initiative.

[Generally, in multi-track cases, there will be a CMC because more tailoring will be required. In fast track cases and small claims, a CMC is rare.]

Question 8

How should the court and the parties make use of the standard directions published on www.justice.gov.uk?

Answer 8

CPR 29.1(2)
When drafting case management directions both the parties and the court should take as their starting point any relevant model directions and standard directions which can be found online at … and adapt them as appropriate to the circumstances of their case.

Question 9

What three standard directions are always required in the multi-track?

Answer 9

1.
Disclosure of documents;
2.
Factual and expert evidence;
3.
A date or a period for the trial to take place.

Question 10

What four standard directions are very common in the multi-track?

Answer 10

1.
A direction regarding filing a reply;
2.
Provision for the amending of statements of case;
3.
Dates for service of requests for further information and/or questions to experts;
4.
A date for a CMC.

Question 11

What will the court do at a Case Management Conference? (CMC)

Answer 11

29 PD 5.1
(1)
monitor the case’s progress and the parties’ compliance with directions;
(2)
consider and issue directions;
(3)
identify the real issues and areas of agreement between the parties.

Question 12

When can a CMC be held?

Answer 12

At any time from allocation to the listing stage.

Question 13

Is a CMC generally obligatory in the multi-track?

Answer 13

29 PD 3.3
(1)
On allocating a claim to the multi-track the court may give directions without a hearing, including fixing a trial date or a period in which the trial will take place,
(2)
Alternatively, whether or not it fixes a trial date or period, it may either -
(a)
give directions for certain steps to be taken and fix a date for a CMC or a pre-trial review … or
(b)
fix a date for a CMC.

Question 14

When is a CMC obligatory in the multi-track?

Answer 14

29 PD 4.13
A CMC is obligatory where -
1.
the court contemplates ordering evidence on an issue to be given by a single expert, or
2. 
that an assessor be appointed.

Question 15

Where a CMC is necessary, when will it be held?

Answer 15

29 PD 4.12(2)

as promptly as possible

Question 16

Which Part of CPR deals with case and costs management generally?

Answer 16

Part 3

Question 17

How much notice must the court give of a CMC?

Answer 17

CPR 3.3(3) and 29 PD 3.7

At least 3 days.

Question 18

What six things must the parties do before CMC?

Answer 18

1.
File and serve a disclosure report;
2.
Try to agree directions;
3.
A costs budget and budget discussion report (unless excluded);
4.
Try to agree costs budgets if costs management applies;
5.
Prepare a case management bundle;
6.
Possibly prepare a case summary.

Question 19

Who attends the CMC?

Answer 19

CPR 29(2)
If a party has a legal representative, a representative—
(a)
familiar with the case; and
(b)
with sufficient authority to deal with any issues that are likely to arise,
must attend case management conferences and pre-trial reviews.

Question 20

Does the court require a written case summary for the CMC?

Answer 20

29 PD 5.6(3)
To assist the court, the parties and their legal advisers should—
(3)
consider whether a case summary will be useful

Question 21

Do the parties have to attend a CMC?

Answer 21

29 PD 5.6(2)
To assist the court, the parties and their legal advisers should—
(2)
consider whether the parties should attend,

Question 22

What direction will the court always give at the CMC?

Answer 22

29 PD 5.4
The court will set a timetable for the steps it decides are necessary to be taken. eg, a case management conference or a pre-trial review and hopefully a trial date.

Question 23

Which provision sets out the usual directions that the court will give (but does not have to) at the CMC?

Answer 23

29 PD 5.3

Question 24

What is the court’s duty in terms of fixing a trial date?

Answer 24

CPR 29.2(2)

The court will fix the trial date or the period in which the trial is to take place as soon as practicable.

Question 25

When must the disclosure report be filed?

Answer 25

CPR 31.5(3)

Not less than 14 days before the first case management conference

Question 26

Where is the court’s general power to control evidence set out?

Answer 26

CPR 32.1

Question 27

What does the court’s power to control evidence entail?

Answer 27

CPR 32.1
(1)
The court may control the evidence by giving directions as to—
(a)
the issues on which it requires evidence;
(b)
the nature of the evidence which it requires to decide those issues; and
(c)
the way in which the evidence is to be placed before the court.
(3)
The court may limit cross-examination.

Question 28

What must the court do when it fixes the trial date?

Answer 28

CPR 29.2(3)
When the court fixes the trial date or the trial period … it will—
(a)
give notice to the parties of the date or period; and
(b)
specify the date by which the parties must file a pre-trial check list.

Question 29

Under what circumstances is the court most likely to vacate the CMC?

Answer 29

Where both parties have agreed directions.

Question 30

Which Part deals with disclosure?

Answer 30

CPR 31

Question 31

Which provisions deal with the disclosure report?

Answer 31

CPR 31.5(3)-(8)

Question 32

When must the disclosure report be filed and served?

Answer 32

CPR 31.5(3)

Not less than 14 days before the first case management conference.

Question 33

What must the disclosure report contain?

Answer 33

CPR 31.5(3)
(a)
describes briefly what documents exist or may exist that are or may be relevant…;
(b)
describes where and with whom those documents are or may be located;
(c)
describes how electronic documents are stored;
(d)
estimates the broad range of costs that could be involved in giving standard disclosure in the case…; and
(e)
states which of the directions under paragraphs (7) or (8) are to be sought.

Question 34

What is the Electronic Documents Questionnaire (EDQ)?

Answer 34

31B PD

Form for disclosing electronic documents.

Question 35

When should the Electronic Documents Questionnaire be filed and served?

Answer 35

CPR 31.5(4)
In cases where the Electronic Documents Questionnaire has been exchanged, the Questionnaire should be filed with the [disclosure report].

Question 36

What is the primary purpose of the CMC?

Answer 36

CPR 29.3(1)

For the court to give directions including a timetable.

Question 37

How does the court monitor compliance with its directions and orders?

Answer 37

CPR 29.6

The pre-trial checklist - the parties have to complete it and return it to the court.

Question 38

What is likely to happen where counsel at the CMC is not familiar with the case or does not have sufficient authority to deal with any issues, thereby breaching CPR 29.3(2)?

Answer 38

29 PD 5.1(3)
Where the inadequacy of the person attending or of his instructions leads to the adjournment of a hearing, the court will expect to make a wasted costs order.

Question 39

What should a case summary contain and achieve?

Answer 39

29 PD 5.7(1)
A case summary:
(a)
should be designed to assist the court to understand and deal with the questions before it,
(b)
should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them,
(c)
should not normally exceed 500 words in length, and
(d)
should be prepared by the claimant and agreed with the other parties if possible.