8.10: Case Management

Question 1

What is the overriding objective of the CPR / courts?

Answer 1

To deal with cases justly and proportionately
Parties are required to help the court to further the overriding objectives

Question 2

Small claims track - requirements & threshold

Answer 2

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

Question 3

Fast track cases - requirements

Question 4

What is the intermediate track?

Answer 4

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

Question 5

Multi-track - requirements & threshold

Answer 5

All other claims above £100,000

more complex

Question 6

What is the directions questionnaire?

Answer 6

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.

Question 7

What is the cmc?

Answer 7

Case management hearing
Identifies the issues in dispute
Make directions to proceed the case to trial

Question 8

What should parties do in advance to the CMC?

Answer 8

• 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

Question 9

Claims tracks - start with the smallest to the largest

Answer 9

• small claims: 10,000
• fast track: 10,000 - 25,000
• intermediate track: 25,000 to 100,000
• multi-track: all other claims

Question 10

What powers do the courts have to sanction non-compliant parties?

Answer 10

• strike out
• if a witness statement is late, they can not include the ws at trial

Question 11

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?

Answer 11

Consent order

Question 12

Where a party breaches an order or rule under the CPR - what are the consequences?

Answer 12

Automatic sanction
Evidence that has been missed in the deadline will be excluded

Question 13

What does a party need to apply for when they have missed a deadline and been given an automatic sanction?

Answer 13

A relief from sanctions

Question 14

What is the courts approach to breaches of the rules (ie deadlines) under the CPR?

Answer 14

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

Question 15

A consent order

Answer 15

Court grants an extension to a deadline provided it does not interfere with the trial or hearing

Question 16

Parties can reach an agreement together to vary

Answer 16

Disclosure deadline

Question 17

What is the authority for relief from sanctions (case law)?

Answer 17

Denton v TH White - relief from sanctions

Question 18

What is the rule in Denton v TH White

Answer 18

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

Question 19

What is a further extension for the courts and the overriding objective?

Answer 19

• encouraging settlement
• & encouraging the parties to co-operate with each other in the conduct of the proceedings

Question 20

If a party fails to file a cost budget, they will be deemed to have a filed a budget comprising of only what?

Answer 20

Applicable court fees