8) Case management Flashcards
Directions questionnaire - What is should include
1) Settlement - must confirm the need to settle and the options available and possible costs sanctions
2) Court - reasons why the case needs to be heard at a particular court should be stated
3) Pre-action protocols - state whether they have complied and if not why
4) Case-management info. - whether any applications have been made to the court, any objections to the provisional allocation, submissions on the appropriate complexity band and scope and extent of disclosure of documents
5) Experts
6) Witnesses
7) Trial - realistic estimate of how long trial will last
8) Costs
9) Other info.
10) Directions - draft order must accompany. For fast track - standard. Intermediate and multi-track - specimen directions
Directions Questionnaire - What is it
Helps the court understand the information in the case and decide which track it should be allocated to
Additional info. for multi-track cases
In claims that have been provisionally allocated to the multi-track the following documents should also be prepared in addition to directions questionnaire:
- A case summary
- A disclosure report
- A costs budget and budget discussion report
Which track?
The most important factor is the financial value of the claim and the complexity is also significant. But also Part 26 sets out other factors to which the court must have regard including: remedy sought, the complexity of the facts and the law, the number of parties involved, the value of any counterclaim, the amount of oral evidence
Part 26 Disregarded factors
- Interest
- Costs
- Contributory negligence
- Any sum not in dispute
Small claims track
Claims for £10,000 or less. E.g consumer disputes, disputes about ownership of goods and those between a landlord and tenant
Small claims track - personal injury
Road traffic cases occurring after 31 May 2021 the value of the damages claimed for pain, suffering and loss of amenity must not exceed £5000
Small claims track - Directions/Procedure
Disclosure, inspection, evidence and experts don’t apply.
Directions:
- Each party delivering to the others copies of all documents on which they intend to rely
- A requirement for them to bring original documents to the hearing
- The parties not being allowed to rely on an expert’s report without express permission from the court
Fast track
Claims of £10,000.01 and £25,000. Only those cases where the trial is expected to last no longer than one day are generally suitable for the fast track.
Fast Track - Procedure
Periods run from the date of allocation.
Disclosure - 4 weeks
Exchange of witness statements - 10 weeks
Exchange of experts’ reports - 14 weeks
Court sends pre-trial checklists - 20 weeks
Parties file pre-trial checklists - 22 weeks
Hearing - 30 weeks
Fast track - Directions
Usually issue standard directions.
- Expert evidence is more limited. The court will usually order a single joint expert unless there is a good reason to appoint separate experts and will rely upon their written report at trial rather than allowing the expert to give oral evidence
Intermediate track
Less complex claims for more than £25,000 but not more than £100,000. The claim must involve a maximum of 3 parties. No more than 2 experts giving oral evidence on each side and anticipated trial of max. 3 days.
Intermediate track - Directions
Parties must either agree directions or submit proposals to court at least 7 days prior to conference. Include:
- Disclosure of documents
- Service of witness statements
- Expert evidence with two oral experts evidence
- Whether to fix a pre-trial review
- Listing for trial
No more than 30 weeks between giving directions and trial
Multi-track
More complex claims generally with a value of more than £100,000
Multi-track - Directions - Standard directions
The standard directions will usually be used. The court will usually:
- Give directions for the management of the case
- Set a timetable for the steps to be taken up to trial
Multi-track - Directions - Flexible approach
In more complex claims the court will need to adopt a flexible approach. This recognises that the time required for the parties to complete each step may be considerably longer than on the fast track. In such instances the court will:
- Fix a case management conference to ensure that appropriate directions relating to the management of the case given.
Multi-track - Case summary
Describes what matters are still in dispute and which are agreed. In most multi-track cases a case summary will be prepared to assist the judge in determining how the case should proceed to trial. The case summary should set out a brief chronology of the claim, state the factual issues that are agreed and those that are not, and the evidence needed to decide them.
Multi-track - Directions - Part 29
If the standard directions are not sufficient the court’s general approach will be to list directions covering the following issues:
- Expert evidence
- Exchange of factual evidence
- Timetable to trial
- Disclosure of documents and inspection
- Is further info. required to clarify a party’s case?
- Costs of CMC
- Consider ADR
Costs Management Conference- Definition
A hearing where both parties to a litigation attend before the judge and agree directions and the costs budget to triaI. It enables the court to manage both the steps to be taken and the costs to be incurred by the parties in multi-track cases. The aim is to ensure that future costs are reasonable and do not become disproportionate by determining what actions should be taken in the proceedings and at what expense
Costs management - Costs budget
How costs are managed. This should consist of:
- A detailed breakdown of the costs and disbursements already incurred - ‘incurred costs’
- An estimate of future costs and the assumptions on which those are based for the future phases of the proceedings - ‘budgeted costs’
Verified by statement of truth
Costs budget - When must they be filed?
- With the directions questionnaire for claims of less than £50,000
- No later than 21 days before the first CMC for all other claims
Cost management order
Such an order is imposed unless the judge is satisfied that the litigation can be conducted justly and at proportionate cost. In the order the court will:
- Record the extent to which an incurred or budgeted costs are agreed between the parties
- In respect of the budgeted costs that are not agreed, record the court’s approval after making appropriate revisions
Cost management order - Consequences
The consequence is that the parties are tied to their costs budget figures even if the litigation proves far more expensive than anticipated. If there is no costs management order there is more flexibility when dealing with costs.
Court sanctions - Ultimate sanction
The ultimate sanction of striking out a party’s case so that their claim or defence comes to an immediate halt. The 2 most common scenarios where the court may exercise this power are:
- The statement of case discloses no reasonable grounds for bringing or defending the claim
- There has been a failure to comply with a rule, practice direction or court order
