9. Case Management

Question 1

What is the overriding objective?

Answer 1

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

Question 2

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

Answer 2

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

Question 3

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 3

1. £10k
2. £5k
3. £5k
4. £1k

Question 4

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

Answer 4

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

Question 5

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 5

Fixed costs and reasonable expenses.

Expert fees limited to £750.

Question 6

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 6

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 7

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

Answer 7

1. £10k - 25k
2. £5k - 25k
3. £1k - 25k

Question 8

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

Answer 8

Cases with no monetary value

Question 9

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

Answer 9

30 weeks

Question 10

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

Answer 10

Proportionate to the amount in dispute

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

Claim exceeds £100k, or a lesser value but trial will last more than one day

Question 14

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

Answer 14

Yes

Question 15

What is the Directions Questionnaire, and what does it ask?

Answer 15

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

Question 16

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 16

None. This period cannot be extended.

Question 17

At what stage is a Directions Order made?

Answer 17

Once the case is allocated to a track

Question 18

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

Answer 18

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

Question 19

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 19

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 20

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 20

14 days

Question 21

What is the purpose of the pre-trial checklist?

Answer 21

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

Question 22

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 22

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

Question 23

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

Answer 23

Make an immediate application to the court

Question 24

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 24

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

Question 25

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

Answer 25

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

Question 26

Are minor breaches of directions considered a default?

Answer 26

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

Question 27

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

Answer 27

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