Case and costs management Flashcards
Which CPR deals with the provisional allocation of the case to a track by the court officer and the notice of proposed alloction?
CPR 26.3(1)
Which CPR deals with the directions questionnaire and how the parties need to respond to it?
CPR 26.3(1)
Which CPR states that the court will allocate the case to a track and notify the parties?
CPR 26.9
What is the scope of the small claims track and what is the CPR reference?
CPR 26.6(1)(a)(i) claims no larger than £10,000
What is the scope of the fast track and what is the CPR reference?
CPR 26.6(4)(b)(i) claims no larger than £25,000
What is the scope of the multi-track and what is the CPR reference?
CPR 26.6(6) claims over £25,000 (essentially any claim which is not small claims track or fast track)
According to CPR 3.13(1)(b) when does Precedent H (costs budget) need to be filed by?
21 days before the CCMC. Remember this is clear days 2.8(2)
According to CPR 31.5, when does the disclosure report need to be filed by?
14 days before the CCMC. Remember this is clear days CPR 2.8(2)
According to CPR 3.13(2) when does Precedent R (budget discussion report) need to be filed by?
7 days before the CCMC. Remember this is clear days (CPR 2.8(2))
According to CPR 29.4/ 29 PD 4 - when do proposed/agreed directions need to be filed by?
7 days before the CCMC. Remember this is clear days (CPR 2.8(2))
Which practice direction reference sets out what is likely to be the focus of the CCMC?
29 PD 5.3 says court is likely to consider disclosure, expert evidence, witnesses etc
Which CPR says that the court will make a costs management order recording the extent to which the budgets are agreed between the parties with regard to the budget discussion report?
CPR 3.15(2)(a) / 3E PD 7.3
What form is the directions questionnaire?
Form N181
Which CPR is the court’s power to strike out a statement of case?
CPR 3.4
Which CPR contains the court’s powers/list of sanctions it can impose?
CPR 3.1
Which CPR deals with relief from sanctions?
CPR 3.9
What does the case of Denton say about how the court should approach applications to relief from sanctions?
1) The court should identify and assess the seriousness of the breach
2) The court should consider the reason why the default has occurred
3) Evaluate all the circumstances of the case to ensure matters are dealt with justly with particular weight to be given to the matters under CPR 3.9 which are (a) that litigation should be conducted efficiently and at proportionate cost and (b) the need to enforce compliance with rules, practice directions and orders
Which CPR is the power of the court to extend the deadline for compliance with a direction/order?
CPR 3.1(2)(a)
What does the case of Hallam say about in-time applications?
That they should generally be granted unless they would disrupt the conduct of litigation (so e.g does it affect a court hearing date?)
What factors might the court consider when deciding whether to grant an extension?
1) the overriding objective
2) the reason for the delay
3) equitable maxim - delay defeats equity
4) equitable maxim - must come to equity with clean hands
When might a party be able to revise its costs budget? Give the CPR reference.
3E PD 7.6 a party may revise its costs budget upwards or downwards if significant developments in the litigation warrant such revisions. So only SIGNIFICANT developments.
What is a costs capping order and when can they be made? Give CPR references.
If a court is concerned that costs will run to disproportionate levels, the court might make a costs capping order to limit the amount of future costs a party can recover (CPR 3.19)
CPR 3.19(5) A CCO can be made at any stage in proceedings if:
(a) it is in the interests of justice to do so
(b) There is a substantial risk that costs will be disproportionately incurred
(c) the risk cannot be contained by case management directions or orders and detailed assessments of costs
Which CPR says that the court will not depart from approved/ agreed costs budgets unless satisfied there is good reason to do so?
CPR 3.18
