Case Management Flashcards
When deciding which track to allocate a case to in the County Court, the court ignores sums not in _____
dispute
What is the monetary limit in the small claims track for:
- Personal injury (non-road traffic)
- Road traffic personal injuries
- All other claims
- £1,500
- £5,000
- £10,000
The £5,000 limit in the small claims track does not apply where the claimant is a ____ or a protected party and it applies only to pain, suffering, and ___ __ ______.
child, loss of amenity
What are 4 features of a small claims track hearing?
(clue: think about formality, experts, evidence, and costs)
- Informal hearing in public
- Generally no experts
- No formal rules of evidence
- Often no adverse cost award to a losing party.
Can parties consent to using the small claims track even if the claim exceeds £10,000? If so, when?
Yes - with the approval of the court
What three costs are recoverable in the small claims track?
- Fixed costs
- Reasonable expenses in attending
- Expert fees
What is the maximum amount of expert fees recoverable in the small claims track?
£750
What are the requirements a party must meet when they apply to set aside a decision made in the small claims track? (4 requirements)
- Party was not in attendance at the hearing
- Application made within 14 days of decision
- P has good reason for not attending
- Their claim/defence has a reasonable prospect of success
What is the monetary window for fast track claims?
£10,000 - £25,000
How many weeks within allocation must trial at the fast track take place?
30 weeks
A fast track trial is not expected to last more than how many days?
1 day
What form of evidence makes up most of fast track cases?
Written evidence
For fast track cases, oral expert evidence will be limited to _ per party in relation to any expert field and in no more than _ expert fields
1, 2
In the fast track, parties are required to submit ____ ______ ahead of the hearing
costs schedules
What is the monetary window for multi-track cases?
£25,000 - £100,000
A personal injury multi-track case with a claim of more than what amount can be heard in the High Court?
£50,000
A case can be allocated to the multi-track if it concerns a _______ matter and is expected to last more than _ ___
complex, 1 day
It’s important to remember that the County Court has _________ _________ jurisdiction
unlimited financial
What 3 factors will the court consider when deciding the track for a claim?
- Financial value of the claim
- Nature of the remedy sought
- Likely complexity of the facts, law, or evidence
What is a directions questionnaire (DQ)?
A questionnaire the court will send out to the parties, including:
- Asking for estimates of trial length
- Whether the parties complied with the pre-action protocol
- Whether experts will be required
What do the courts send alongside the DQ and in which tracks?
Notice of Allocation, fast or multi-track
How many days do parties have to return a DQ?
28 days
What are 2 features of a small claims direction?
(clue: think about document exchange and whether use of experts are permitted)
- Documents are to be exchanged 14 days before the hearing
- No expert is to be used without court permission
What are the timelines of fast track directions in relation to:
1. Disclosure
2. Witness statements
3. Expert reports
4. Pre-trial checklists
5. Trial itself
- Disclosure to take place within 4 weeks
- Witness statements exchanged within 10 weeks
- Expert reports exchanged within 14 weeks
- Pre-trial checklists sent out at 20 weeks and returned at 22 weeks
- Trial at 30 weeks
Can a party apply to vary directions by the court if they’re not happy with them?
If so, how long do they have?
Yes
Within 14 days
When are multi-track directions usually given?
At the Case Management Conference
What 4 items are the parties usually required to file at the Case Management Conference for multi-track cases (include timelines where applicable)?
- Disclosure reports at least 14 days before
- Costs budgets at least 7 days before
- Case summary
- Directions
What four features will multi-track directions usually include?
- Encouragement to consider ADR
- Disclosure requirements
- No. of witnesses and how to exchange witness statements
- Costs budgeting provisions
What are four possible sanctions for noncompliance on following directions?
- Striking out the claim if an unless order was issued
- Imposing costs or increasing interests
- Defaulting party to pay money to the court
- Debar the defaulting party from relying on evidence
What is an unless order?
An order from the court which specifies the penalty to be imposed on the defaulting party unless the party complies with the direction
When can a party apply for relief from sanctions?
If they had good reason for non-compliance
Which 2 key case management tools does a multi-track case use?
- Case Management Conference (CMC)
- Pre-trial reviews
What is the main thing a judge will do during a CMC?
Review the progress of case preparation, including compliance with the Practice Direction and pre-action Protocols
What is a costs management order and when can one be issued?
A court order which controls the parties’ budget in respect of recoverable costs
The court can issue one of these at any time
