Case Management

Question 1

What is the overriding objective?

Answer 1

Cases to be dealt with justly and at a proportionate cost.

Question 2

What does the court not take into account when valuing a claim for allocation?

Answer 2

Interest, claim for costs or any contributory negligence.

Question 3

What is the criteria for small claims track?

Answer 3

Value not more than £10k
For PI value of claim is not more than £10k and value for damages is not more than £1k

Question 4

What is the criteria for the fast track?

Answer 4

Value not more than £25k
Trial is likely to last no longer than one day
Oral expert evidence will be limited to one expert per party in relation to any expert field, expert evidence in two expert fields.

Question 5

What is the criteria for the multi track?

Answer 5

Any claim for which the small claims or multi track is not the normal track.

Question 6

Can the track be changed after allocation?

Answer 6

Yes, if there has been a change in circumstances, one or both parties can make an application to change or it can be changed by the court independently.

Question 7

What are the proposed directions for fast track?

Answer 7

Disclosure - within 4 weeks of filing directions questionnaire
Inspection - within 6 weeks of filing the directions questionnaire
Exchange of witness statements - within 10 weeks of filing the directions questionnaire
Exchange of expert reports - within 14 weeks of filing DQ
Pre-trial checklist - 22 weeks
Trial - 30 weeks

Court can depart in certain circumstances I.e where a party is unrepresented

Question 8

What is a CMC

Answer 8

Meeting between the judge and parties to highlight significant issues in the case, narrow down those issues and decide upon directions and a timetable

Question 9

What must parties do before a CMC

Answer 9

Submit either agreed or proposed directions at least 7 days before

Question 10

What can you do if a party fails to comply with directions?

Answer 10

First try to agree an extension of up to 28 days. Failing that, an application will be made to court. A sanction will automatically take effect unless the defaulting party applies for relief. Types of sanctions are:

Unless order
Interest - either C cannot recover interest or is able to receive
enhanced if D is at fault
Payment in court
Costs
Disallowing evidence
Striking out of claim - only used in serious cases

Question 11

What guidance does the court look to when considering if the party should be granted relief from a sanction?

Answer 11

Identify the default and assess its seriousness or significance
Consider why the default occurred
Consider all the circumstances of the case so as to enable the court to deal justly with the case