case management Flashcards
What happens once the defence has been filed
case is allocated to a TRACK
what are the three tracks
fast track
small claims
multi track
what is the monetary threshold for the multi track
multi track: 25k +
small claims: 10k
fast track: below 25k (and trial will last no longer than one day + one expert)
When the court has decided which track - what does it serve on the parties and is this final?
Notice of proposed allocation - can be challenged in the questionaire
Alongside the directions questionaire - what do the parties serve on each other
set of proposed directions
once case has been allocated, what date do the court give the parties
date of first Case Management Conference
What is the purpose of the Precedent H and when must it be served
what happens if you fail to serve a Precedent H
sets out financial capabilites of hte parties and the likely costs of the case
21 days before CMC
if you fail to serv a Precedent H the court will assume the parties budget/expect to recover fees only
What is a Precedent R
sets out hte parties discussion over the budget/cost - highlights any figures they disagree upon so this can be discussed at the CMC
once the court has approved the Precent H what will it issue
Cost management order - prima facie indication these costs will be recoverable if they win and will only depart from this is there is ‘good reason’ to
if the court has applied a sanction - what could you consider (CASE)
applying for releif from sanctions (Denton)
when evaluating the application for releif - when will the court NOT issue a releif
what will they consider if the breach is not so serious
final overarching thing to be considered
if the breach will DISRUPT proceedings, they will NOT issue a releif from sanctions
they will consider the reason for the breach, an ill solicitor is a good reason an overworked firm is not
how prompt aplication is/overall compliance with directions
if a sanction is likely to be given for a looming deadline- what can you do
make an in-time application (extends the deadline if it is looming)
application will be granted provided….
extension does not disrupt litigation (+ overall compliance with overriding objective, good reason for needing extension)
