Case and costs management

Question 1

Which CPR deals with the provisional allocation of the case to a track by the court officer and the notice of proposed alloction?

Answer 1

CPR 26.3(1)

Question 2

Which CPR deals with the directions questionnaire and how the parties need to respond to it?

Answer 2

CPR 26.3(1)

Question 3

Which CPR states that the court will allocate the case to a track and notify the parties?

Answer 3

CPR 26.9

Question 4

What is the scope of the small claims track and what is the CPR reference?

Answer 4

CPR 26.6(1)(a)(i) claims no larger than £10,000

Question 5

What is the scope of the fast track and what is the CPR reference?

Answer 5

CPR 26.6(4)(b)(i) claims no larger than £25,000

Question 6

What is the scope of the multi-track and what is the CPR reference?

Answer 6

CPR 26.6(6) claims over £25,000 (essentially any claim which is not small claims track or fast track)

Question 7

According to CPR 3.13(1)(b) when does Precedent H (costs budget) need to be filed by?

Answer 7

21 days before the CCMC. Remember this is clear days 2.8(2)

Question 8

According to CPR 31.5, when does the disclosure report need to be filed by?

Answer 8

14 days before the CCMC. Remember this is clear days CPR 2.8(2)

Question 9

According to CPR 3.13(2) when does Precedent R (budget discussion report) need to be filed by?

Answer 9

7 days before the CCMC. Remember this is clear days (CPR 2.8(2))

Question 10

According to CPR 29.4/ 29 PD 4 - when do proposed/agreed directions need to be filed by?

Answer 10

7 days before the CCMC. Remember this is clear days (CPR 2.8(2))

Question 11

Which practice direction reference sets out what is likely to be the focus of the CCMC?

Answer 11

29 PD 5.3 says court is likely to consider disclosure, expert evidence, witnesses etc

Question 12

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?

Answer 12

CPR 3.15(2)(a) / 3E PD 7.3

Question 13

What form is the directions questionnaire?

Answer 13

Form N181

Question 14

Which CPR is the court’s power to strike out a statement of case?

Answer 14

CPR 3.4

Question 15

Which CPR contains the court’s powers/list of sanctions it can impose?

Answer 15

CPR 3.1

Question 16

Which CPR deals with relief from sanctions?

Answer 16

CPR 3.9

Question 17

What does the case of Denton say about how the court should approach applications to relief from sanctions?

Answer 17

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

Question 18

Which CPR is the power of the court to extend the deadline for compliance with a direction/order?

Answer 18

CPR 3.1(2)(a)

Question 19

What does the case of Hallam say about in-time applications?

Answer 19

That they should generally be granted unless they would disrupt the conduct of litigation (so e.g does it affect a court hearing date?)

Question 20

What factors might the court consider when deciding whether to grant an extension?

Answer 20

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

Question 21

When might a party be able to revise its costs budget? Give the CPR reference.

Answer 21

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.

Question 22

What is a costs capping order and when can they be made? Give CPR references.

Answer 22

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

Question 23

Which CPR says that the court will not depart from approved/ agreed costs budgets unless satisfied there is good reason to do so?

Answer 23

CPR 3.18