Allocation Flashcards

Question

What happens if a time limit expires on a day the court is closed?

Answer 1

When the time period ends on a day the office is closed, it will be on time if done on the next open day.

Answer 2

the day on which the limit = beginning and then if it ends with an event, they day before that event (e.g. a hearing).

Answer 3

clear days

Answer 4

Any time limit that's 5 days or less does not count a weekend or Bank holiday/christmas/good friday as a countable day.

Answer 5

Sanctions have effect without applying for relief; variation of fast and multi-track timetables

Answer 6

Specified time limits given by RULE OR ORDER ONLY to do acts may be varied by written agreement of parties

Answer 7

Lists courts general powers of case management - 3A- if litigant in person there must act in knwoledge of that.

Answer 8

The courts powers may be exercised by its own initiative or on application

Answer 9

No, not if they are making an order of their own initiative instead of by application.

Answer 10

Where there's an error of procedure that does not invalidate any part of proceedings the court may order a remedy.

Answer 11

The court may make orders to remedy any errors of procedure that have not invalidated proceedings.

Answer 12

CPR 3.2 applies to all part 7 multi-track claims except >£10m unquantified/non monetary claims; children claimants; fixed costs proceedings.

Answer 13

Before the first CMC represented parties must file and exchange budgets - if they don't there's a heavy costs penalty

Answer 14

Case Management Conference

Answer 15

Court usually makes a costs management order

Answer 16

records the extent (if any) to which the parties have agreed any costs and record that which the court has approved

Answer 17

After the first CMC the court controls the parties budgets and will not make any case management decisions without considering costs implications

Answer 18

By telephone or in writing unless combined with other applications

Answer 19

any party can apply to the court if they think another party is behaving oppressively trying to cause them to spend disproportionate amounts.

Answer 20

All costs incurred up to and including the date of the first CMC order (unless otherwise ordered). Court can't approve these.

Answer 21

all costs to be incurred after the date of the first costs management order. Court can approve these.

Answer 22

All parties except litigants in person must file and exchange budgets for claims less than £50k with directions questionnaires, or over £50k no later than 21 days before first CMC

Answer 23

Parties (not LiP) must file agreed and verified budget discussion report no later than 7 days before first CMC.

Answer 24

A party who fails to file a budget when required will be treated as having filed a budget comprising applicable court fees only.

Answer 25

Costs management orders (court takes over recording budgeted and incurred costs that will be recoverable).

Answer 26

Any time significant developments in litigation warrant it - they must then serve the revised version.

Answer 27

anything that was not expressly or impliedly taken into account in the previous budget agreed e.g. adjournment, expert witnesses

Answer 28

Meetings solely about costs. Wherever feasible these should be conducted in telephone or writing.

Answer 29

Court will not depart from agreed budgeted costs unless good reason, and account for any comments.

Answer 30

Costs management order

Answer 31

Court will take into account budgeted costs in every procedural step even if there's no CMO.

Answer 32

If interim applications are made but not included in a budget the costs of it are treated as additional to approved budgets.