9. Case Management

Question 1

Time limit for responding to Directions Questionnaire

Answer 1

28 days

Not open to parties to agree extension of time

Question 1

Relevance of sums not in dispute for court allocation

Answer 1

Not relevant. Court ignores sums not in dispute.

Question 2

Costs in the small claims court

Answer 2

Restricted to fixed costs (attendance + prep + expert restricted to £750)
Court can award more if one party has acted unreasonably

Question 3

Process for an application to set aside default judgment of small claims court

Answer 3

Can apply

Within 14 days of decision

Show that there was good reason for not attending hearing

AND

Reasonable prospect of success

Question 4

Fast Track - trial deadline

Answer 4

30 weeks from date of allocation to the track

Question 5

Fast track - evidence rules

Answer 5

1. Focus on written
2. WS will stand as evidence in chief
3. Need to provide reasons to rely on expert

Question 6

Fast track - costs

Answer 6

Restricted

Usually judge summarily assesses cost at the end of hearing, so parties provide schedule of costs ahead of hearing.

Question 7

Standard directions post Directions Questionnaire (fast track)

(6 things included)

Answer 7

DATES FOR FAST-TRACK LISTED

1. Date for disclosure [4 weeks]
2. Exchange WS [10 weeks]
3. Exchange expert report [14 weeks]
4. Pre-trial checklist (determine compliance [20 weeks] with directions and other elements that need consideration)
5. Pre-trial checklist returned [22 weeks]
6. Date of trial [30 weeks]

Question 8

When should party make application to vary directions following directions order?

Answer 8

Apply to Court within 14 days - otherwise assumed acceptance of the directions

Question 9

What is a Case Management Conference?

Answer 9

For high value multi-track cases

Court reviews steps taken, compliance, encourages agreement, other preliminary issues

Question 10

Unless Order

Answer 10

If party fails to comply with direction, other party can apply to Court for unless order -

Penalty unless party complies.

Question 11

Costs and Case Management Conference

Answer 11

In multi-track cases cost budgets must be filed before directions hearing (CMC). Usually means there is a separate hearing CCMC.

Question 12

Can party apply for relief from sanctions for non-compliance?

Answer 12

Party can apply for relief.

Court will consider:

1. seriousness of the breach
2. reasons for the breach

Question 13

If one party requests ADR, in what circumstances can the other party refuse without being penalised later?

Answer 13

The other party must state reasons for refusing. If they fail to do so (OR if the court later finds the reasons to be unreasonable), the court has discretion to penalise the refusing party with respect to costs.

Question 14

When must parties file disclosure report in multi-track cases?

Answer 14

At least 14 days before the first Case Management Conference OR with the Directions Questionnaire. The parties must discuss and agree the scope of the disclosure requirements in the case.

Question 15

What is the latest date a notice to prove the authenticity of a document can be served?

Answer 15

No later than the last date available for the exchange of witness statements.

If the other party served the document late in the case, after witness statement exchange, then notice must be served within seven days of disclosure.