7. Case Management Flashcards
Small Claim track
Less than £10k
Fast track
£10k to £25k
Intermediate track
£25k to £100k
Multi Track
over £100k
Small claims track directions?
- hand other party copy of docs intend to rely on
- bring OG copy to court
- court permission to rely on expert report
Intermediate track directions
- disclosure
- witness statement (no more than 30 pages)
- expert report
- list for trial
Which track has CMC?
Multi Track
What directions are given in a CMC
- review steps taken
- compliance with orders
- future steps to take
Which track has a complexity band allocated?
Fast Track
How many weeks after allocation is trial held for intermediate track?
30 weeks
Reason for complexity band?
Determine amount of fixed recoverable costs
Who attends CMC?
Familiar with case + authority to act
Purpose of a case summary?
Identify issues in dispute
What if party wants to change timetabled intermediate track layout, when do they need court permission?
want to change:
* trial date
* pre-trail checklist
* Any CMC
* Pre trial review
Failure to comply with directions timetable?
Court issue sanctions/force compliance
Purpose of costs management?
Costs incurred are reasonable + proportionate
What is a costs budget?
- Cost incurred to date +
- future anticipated costs (budgeted costs)
When must cost budget be filed?
(less than £50k) : with directions questionnare
(over £50k): no more than 21 days before CMC
Budget discussion report?
If any parties disagree with the other’s costs, outline grounds of dispute
When to file budget discussion report?
7 days before CMC
Criteria to assess costs?
Reasonable + proportionate
When can you amend cost budget?
Significant change outside your control + could not foresee
Failure to file cost budget on time
Treated as if only filed court fees (cannot recover any other expenses from loser)
If costs awarded on standard basis?
Agreed costs budget
Awarded on indemnity basis
Penalty basis - costs dont have to be reasonable
Purpose of cost management order?
- Court makes sure litigation is done **just + proportionate*
- record agreed costs
- record court approvement of changes
Make sure you stick to costs budget report
Effect on no costs managenent order?
Big disparity between agreed + final costs
if over 20% disparity - explain reason for difference
When is case struck out?
- case doesnt explain reasons for bringing/defending claim
- failure to comply with direction or order
Relief from sanctions?
if you dont ask you dont get - appluy promptly
Assesment criteria when deciding whteher to grant relief?
- serious and substantial breach?
- why did breach happen?
- can we still meet trial date?
When deciding track, what is disregarded?
Interest
contributory negligence
not disputed sum
