8.10: Case Management Flashcards
What is the overriding objective of the CPR / courts?
To deal with cases justly and proportionately
Parties are required to help the court to further the overriding objectives
Small claims track - requirements & threshold
Most cases of a value of less than £10,000
Other cases - personal injury cases or landlord v tenant = threshold of £1000
Personal injury cases involving road traffic accidents = higher threshold of £5,000
Fast track cases - requirements
What is the intermediate track?
For cases valued between £25,000 and £100,000
- trial should not exceed three days
- one witness per party generally
- parties should agree to directions before and submit them to the court
Multi-track - requirements & threshold
All other claims above £100,000
more complex
What is the directions questionnaire?
asks the parties which court and division they think the case
should be allocated to and which witnesses and experts are required. Parties must also
estimate the length of the trial, highlight other documents or facts relevant to allocation and
provide a list of directions that they are seeking.
What is the cmc?
Case management hearing
Identifies the issues in dispute
Make directions to proceed the case to trial
What should parties do in advance to the CMC?
- consider the issues in dispute
- the scope to the disclosure ie. exchanging reports etc
- file and exchange a costs budget and discuss budget discussion reports
Claims tracks - start with the smallest to the largest
- small claims: 10,000
- fast track: 10,000 - 25,000
- intermediate track: 25,000 to 100,000
- multi-track: all other claims
What powers do the courts have to sanction non-compliant parties?
- strike out
- if a witness statement is late, they can not include the ws at trial
When the parties cannot agree to an extension of a deadline together, what can the court file provided that the extension does not put the hearing date or trial in jeopardy?
Consent order
Where a party breaches an order or rule under the CPR - what are the consequences?
Automatic sanction
Evidence that has been missed in the deadline will be excluded
What does a party need to apply for when they have missed a deadline and been given an automatic sanction?
A relief from sanctions
What is the courts approach to breaches of the rules (ie deadlines) under the CPR?
they take a strict approach however if there is good reasoning they will provide relief provided the breach and acceptance of the breach does not prejudice a party’s position at the hearing date or have severe consequences on the hearing
A consent order
Court grants an extension to a deadline provided it does not interfere with the trial or hearing
Parties can reach an agreement together to vary
Disclosure deadline
What is the authority for relief from sanctions (case law)?
Denton v TH White - relief from sanctions
What is the rule in Denton v TH White
breach is:
- neither serious nor significant
- good reason for the breach
- did not prevent the litigation from being conducted efficiently and at a proportionate cost
What is a further extension for the courts and the overriding objective?
- encouraging settlement
- & encouraging the parties to co-operate with each other in the conduct of the proceedings
If a party fails to file a cost budget, they will be deemed to have a filed a budget comprising of only what?
Applicable court fees
