9. Case Management

Question 1

What is the overriding objective?

Answer 1

The court is to deal with cases justly and at a proportionate costs

Question 2

When court sends the parties a notice of proposed track allocation, within what time limit must the parties complete and return the Directions Questionnaire which is sent with it?

Answer 2

28 days

Question 3

In determining the value of the claim, what four things will the court ignore?

Answer 3

1. Sums not in dispute
2. Interest
3. Costs
4. Contributory negligence

Question 4

To reiterate, what are the thresholds on the small claims track for (1) claims generally, (2) road traffic accidents, (3) personal injury if the value of pain, suffering and loss of amenity is below a threshold and (4) personal injury generally?

Answer 4

1. £10k
2. £5k
3. £5k
4. £1k

Question 5

When might the court allocate claims with a higher value than the small claims track threshold, to the small claims track?

Answer 5

Parties agree, or less than £10,000 is actually in dispute even if the claim is for more

Question 6

Unless the other side has behaved unreasonably, what costs can be recovered on the small claims track, and what is the upper limit for expert fees?

Answer 6

Fixed costs and reasonable expenses.

Expert fees limited to £750.

Question 7

What condition must be met for a party to set aside a small claims decision, within what time period of service of the order must they make an application and what are the two criteria they must satisfy to succeed on the application?

Answer 7

They must not have been in attendance at the hearing.

Application must be made within 14 days of service of the order.

They must show:

1. They had good reason for not attending, and
2. Their claim or defence has reasonable prospects of success

Question 8

What are the range/threshold on the fast track for (1) claims generally, (2) road traffic accidents, and (3) personal injury generally?

Answer 8

1. £10k - 25k
2. £5k
3. £1k

Question 9

What is the other category of case which can be dealt with on the fast track?

Answer 9

Cases with no monetary value

Question 10

If a case is allocated to the fast track, within what time limit must the trial take place?

Answer 10

30 weeks

Question 11

In the fast track, what must costs be in order to be recoverable?

Answer 11

Proportionate to the amount in dispute

Question 12

In what two ways is expert evidence restricted on the fast track?

Answer 12

1. Court prefers written rather than oral evidence
2. Use of single joint expert is encouraged

Question 13

What is true of witness statement evidence on the fast track?

Answer 13

It stands as evidence in chief meaning it has the same weight as if the witness had testified in court

Question 14

What is the monetary threshold and what is the time threshold for a case to be put in the multi-track?

Answer 14

Claim exceeds £25k, or a lesser value but trial will last more than one day

Question 15

On the multi-track, can a party have its own expert and can it have experts in multiple disciplines?

Answer 15

Yes

Question 16

What points must parties address in the Directions Questionnaire?

Answer 16

• Whether parties have complied with pre-action protocol
• Case management information
• Whether experts are required
• Names of witnesses
• Estimated trial length
• Estimated trial costs
• Trial periods and pre-trial checklist

Question 17

Even though the Directions Questionnaire must be returned within 28 days of service of the order, what possible extension of this is available if the parties agree?

Answer 17

None. This period cannot be extended.

Question 18

At what stage is a Directions Order made?

Answer 18

Once the case is allocated to a track

Question 19

What are two notable directions which will be given on the small claims track?

Answer 19

1. Documents to be exchanged 14 days before hearing
2. No expert may be used without express permission

Question 20

On the fast track, from when the Directions Order is made, how many weeks will it generally be until:

1. Disclosure
2. Witness statement exchange
3. Expert report exchange
4. Pre-trial checklist
5. Return of pre-trial checklists, and
6. Trial?

Answer 20

1. Disclosure: 4 weeks
2. Witness statement exchange: 10 weeks
3. Expert report exchange: 14 weeks
4. Pre-trial checklist: 20 weeks
5. Return of pre-trial checklists: 22 weeks
6. Trial: 30 weeks

Question 21

If a party is not happy with the directions given by the court, within what time limit must they apply for the directions to be varied?

Answer 21

14 days

Question 22

What is the purpose of the pre-trial checklist?

Answer 22

To check that the parties have complied with directions, and consider what else may be required to prepare the case for trial

Question 23

When a Case Management Conference is listed on the multi-track, within what time limits must the parties file (1) disclosure reports, and (2) costs budgets?

Answer 23

1. Disclosure report: 14 days
2. Cost budget: 7 days

Question 24

What should the innocent party do if the other party defaults on the directions?

Answer 24

Make an immediate application to the court

Question 25

Where a party has defaulted on directions, and the innocent party has made an application to court about this, what is one type of order that the court will typically make which gives the party an opportunity to comply, and what is the impact of this?

Answer 25

The court will make an unless order, which specifies a penalty which will be imposed unless the party complies with the direction

Question 26

Where a party has defaulted on directions, what are four other options available to the court?

Answer 26

1. Impose a costs order
2. Award indemnity costs, or increased interest
3. Require the defaulting party to pay money into court
4. Debar a party from relying on evidence

Question 27

Are minor breaches of directions considered a default?

Answer 27

No, as long as the parties keep to the dates of the Case Management Conferences, pre-trial reviews, and the trial

Question 28

Where a party has a good reason for non-compliance and applies for relief from sanctions, what two things will the courts consider?

Answer 28

1. Seriousness of the breach, and
2. Reasons for the breach