9. Case Management

Question 1

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

Answer 1

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

Question 2

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

Answer 2

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

Question 3

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

Answer 3

Cases with no monetary value

Question 4

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

Answer 4

30 weeks

Question 5

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

Answer 5

Proportionate to the amount in dispute

Question 6

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

Answer 6

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

Question 7

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

Answer 7

Claim exceeds £25k

Question 8

What points must parties address in the Directions Questionnaire?

Answer 8

• 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 9

At what stage is a Directions Order made?

Answer 9

Once the case is allocated to a track

Question 10

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

Answer 10

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

Question 11

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 11

14 days

Question 12

What is the purpose of the pre-trial checklist?

Answer 12

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

Question 13

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 budget discussion report?

Answer 13

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

Question 14

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 14

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

Question 15

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

Answer 15

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 16

Where a party applies for relief from sanctions, what three factors will the courts consider?

Answer 16

*Dentons three-stage test *
1) Is the breach serious and significant?
* If not, relief should be granted.
* Consider whether breach disrupted conduct of litigation/future hearing dates might be affected.
2) If serious/significant breach - is there a good reason why default occurred?
3) Take a holistic view of all case’s circumstances
* weighing key CPR principles.

Question 17

When are parties exepected to exchange budget discussion reports in the multi-track?

Answer 17

7 days before first CMC

Optional - also submit a case summary to assist court.

Question 18

What might lead to a wasted costs order at the CMC?

Answer 18

where a party does not send a legal representative familiar with the case and with sufficient decision-making authority.
- required post-poning of CMC.

Question 19

How many days before the first CMC does the disclosure report have to be filed, and in which track is this required?

Answer 19

in multi-track - submitted maximum 14 days before.
- except in P.I claims where standard disclosure order used in fast-track applies.

Question 20

When should parties in the multi-track submit proposed or agreed Directions?

Answer 20

Submit either agreed Direction or respective proposals at least 7 days before CMC.

Question 21

In what five scenerios, will a cost budget not have to be filed?

Answer 21

• Value is in excess of £10 million
• Claim brought by or on behalf of a minor.
• Limited or severely impaired life expectancy (5 years or less remaining)
• Where the Court chooses to disapply budgeting.
• Unrepresented litigant

Question 22

What three types of documents must be verified by a statement of truth?

Answer 22

1) a statement of case;

2) a response complying to a Part 18 Request; and

3) A witness statement.

Question 23

What are the implications of failing to verify a statement of case with statement of truth?

Answer 23

Statment of case remains effective unless struck out (by either by court/application by opposing party)
BUT
Party cannot rely on any of the evidence it sets out - essentially useless.

CPR 22.2

Question 24

Where a party is a child or a patient (mentally unwell), what is required for proceedings to continue?

Answer 24

litigation friend must be appointed.

Other than issuing/serving claim form, an opponent cannot take any additional steps in proceedings without the court’s permission.

Question 25

What role is the intermediate track intended to serve?

Answer 25

Relates to claims that would have otherwise been fallen within multi-track, but less complex.
* Two experts per party
* Trial will last no more than 3 days (cf. 1 day on the fast track)
* Oral evidence is limited to one witness per party
* Length of all the permitted witness statements and expert reports is limited