Allocation and Case Management

Question 1

Case management

Answer 1

All the ways in which the court will control the progress and disposal of actions

Question 2

Case directions

Answer 2

Case management decisions

Question 3

In case management, how is the overriding objective achieved?

Answer 3

By using fixed or standardised management directions and timetables

Question 4

Any requests for management directions that fall outside the standardised directions and timetables-

Answer 4

Will need to be justified within the provisions of the overriding objective

Question 5

How does the court encourage parties to comply with directions?

Answer 5

By costs penalties and unless orders

Question 6

Upon the defendant filing a defence-

Answer 6

The court will serve a notice of allocation which states track, gives deadlines for DQ and directions (if FT or MT)

Question 7

Small claims track values

Answer 7

Less than £10k (£1k for PI)

Question 8

Fast track values

Answer 8

More than £1k (£1k for PI) but less than £25k

Question 9

Multi track values

Answer 9

More than £25k

Question 10

Para 11.1 PD 26

Answer 10

Where a party is dissatisfied with an order made allocating the claim to a track, they may appeal or apply to the court to re-allocated the claim

Question 11

Can parties agree to vary the date for the return of DQs?

Answer 11

No

Question 12

How will the parties completing the DQs help the court?

Answer 12

It will assist the court to make the best use of available resources, helping it make decisions that are proportionate, fair and expeditious

Question 13

Where a claim is a money claim and one or both parties fail to file DQs-

Answer 13

The court will serve a further notice on the defaulting party with an additional 7 days - if not filed then, the party’s statement of case will be struck out without further order

Question 14

Where a claim is not a money claim and one or both parties fail to file DQs-

Answer 14

The court may make an order for directions, strike out the claim, strike out defence, list a CMC

Question 15

If both parties require a stay in the DQ-

Answer 15

The court is obliged to impose it

Question 16

When it comes to DQs, there is an-

Answer 16

Obligation on the parties to liaise with each other

Question 17

Once both parties have filed their DQs-

Answer 17

The case file will be put before a judge who will make case management directions using the information in the DQs and the case will be transferred to the preferred court/court requested by the claimant if CC