9. Case Management Flashcards
What is the overriding objective?
The court is to deal with cases justly and at a proportionate cost
In determining the value of the claim, what four things will the court ignore?
- Sums not in dispute
- Interest
- Costs
- Contributory negligence
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?
- £10k
- £5k
- £5k
- £1k
When might the court allocate claims with a higher value than the small claims track threshold, to the small claims track?
Parties agree, or less than £10,000 is actually in dispute even if the claim is for more
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?
Fixed costs and reasonable expenses.
Expert fees limited to £750.
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?
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:
- They had good reason for not attending, and
- Their claim or defence has reasonable prospects of success
What are the range/threshold on the fast track for (1) claims generally, (2) road traffic accidents, and (3) personal injury generally?
- £10k - 25k
- £5k - 25k
- £1k - 25k
What is the other category of case which can be dealt with on the fast track?
Cases with no monetary value
If a case is allocated to the fast track, within what time limit must the trial take place?
30 weeks
In the fast track, what must costs be in order to be recoverable?
Proportionate to the amount in dispute
In what two ways is expert evidence restricted on the fast track?
- Court prefers written rather than oral evidence
- Use of single joint expert is encouraged
What is true of witness statement evidence on the fast track?
It stands as evidence in chief meaning it has the same weight as if the witness had testified in court
What is the monetary threshold and what is the time threshold for a case to be put in the multi-track?
Claim exceeds £25k, or a lesser value but trial will last more than one day
On the multi-track, can a party have its own expert and can it have experts in multiple disciplines?
Yes
What is the Directions Questionnaire, and what does it ask?
Questiionnaire sent by the court with the Notice of Allocation in a fast track or multi-track case, which asks:
* Estimated trial length
* Estimated trial costs
* Whether parties complied with protocols
* Whether experts will be required
* Names of witnesses
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?
None. This period cannot be extended.
At what stage is a Directions Order made?
Once the case is allocated to a track
What are two notable directions which will be given on the small claims track?
- Documents to be exchanged 14 days before hearing
- No expert may be used without express permission
On the fast track, from when the Directions Order is made, how many weeks will it generally be until:
- Disclosure
- Witness statement exchange
- Expert report exchange
- Pre-trial checklist
- Return of pre-trial checklists, and
- Trial?
- Disclosure: 4 weeks
- Witness statement exchange: 10 weeks
- Expert report exchange: 14 weeks
- Pre-trial checklist: 20 weeks
- Return of pre-trial checklists: 22 weeks
- Trial: 30 weeks
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?
14 days
What is the purpose of the pre-trial checklist?
To check that the parties have complied with directions, and consider what else may be required to prepare the case for trial
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?
- Disclosure report: 14 days
- Cost budget: 7 days
What should the innocent party do if the other party defaults on the directions?
Make an immediate application to the court
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?
The court will make an unless order, which specifies a penalty which will be imposed unless the party complies with the direction
Where a party has defaulted on directions, what are three other options available to the court?
- Impose a costs order, including indemnity costs, or increased interest
- Require the defaulting party to pay money into court
- Debar a party from relying on evidence
Are minor breaches of directions considered a default?
No, as long as the parties keep to the dates of the Case Management Conferences, pre-trial reviews, and the trial
Where a party has a good reason for non-compliance and applies for relief from sanctions, what two things will the courts consider?
- Seriousness of the breach, and
- Reasons for the breach
