Case Management

Question 1

When deciding which track to allocate a case to in the County Court, the court ignores sums not in _____

Answer 1

dispute

Question 2

What is the monetary limit in the small claims track for:

1. Personal injury (non-road traffic)
2. Road traffic personal injuries
3. All other claims

Answer 2

1. £1,500
2. £5,000
3. £10,000

Question 3

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 ___ __ ______.

Answer 3

child, loss of amenity

Question 4

What are 4 features of a small claims track hearing?

(clue: think about formality, experts, evidence, and costs)

Answer 4

1. Informal hearing in public
2. Generally no experts
3. No formal rules of evidence
4. Often no adverse cost award to a losing party.

Question 5

Can parties consent to using the small claims track even if the claim exceeds £10,000? If so, when?

Answer 5

Yes - with the approval of the court

Question 6

What three costs are recoverable in the small claims track?

Answer 6

1. Fixed costs
2. Reasonable expenses in attending
3. Expert fees

Question 7

What is the maximum amount of expert fees recoverable in the small claims track?

Answer 7

£750

Question 8

What are the requirements a party must meet when they apply to set aside a decision made in the small claims track? (4 requirements)

Answer 8

1. Party was not in attendance at the hearing
2. Application made within 14 days of decision
3. P has good reason for not attending
4. Their claim/defence has a reasonable prospect of success

Question 9

What is the monetary window for fast track claims?

Answer 9

£10,000 - £25,000

Question 10

How many weeks within allocation must trial at the fast track take place?

Answer 10

30 weeks

Question 11

A fast track trial is not expected to last more than how many days?

Answer 11

1 day

Question 12

What form of evidence makes up most of fast track cases?

Answer 12

Written evidence

Question 13

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

Answer 13

1, 2

Question 14

In the fast track, parties are required to submit ____ ______ ahead of the hearing

Answer 14

costs schedules

Question 15

What is the monetary window for multi-track cases?

Answer 15

£25,000 - £100,000

Question 16

A personal injury multi-track case with a claim of more than what amount can be heard in the High Court?

Answer 16

£50,000

Question 17

A case can be allocated to the multi-track if it concerns a _______ matter and is expected to last more than _ ___

Answer 17

complex, 1 day

Question 18

It’s important to remember that the County Court has _________ _________ jurisdiction

Answer 18

unlimited financial

Question 19

What 3 factors will the court consider when deciding the track for a claim?

Answer 19

1. Financial value of the claim
2. Nature of the remedy sought
3. Likely complexity of the facts, law, or evidence

Question 20

What is a directions questionnaire (DQ)?

Answer 20

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

Question 21

What do the courts send alongside the DQ and in which tracks?

Answer 21

Notice of Allocation, fast or multi-track

Question 22

How many days do parties have to return a DQ?

Answer 22

28 days

Question 23

What are 2 features of a small claims direction?

(clue: think about document exchange and whether use of experts are permitted)

Answer 23

1. Documents are to be exchanged 14 days before the hearing
2. No expert is to be used without court permission

Question 24

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

Answer 24

1. Disclosure to take place within 4 weeks
2. Witness statements exchanged within 10 weeks
3. Expert reports exchanged within 14 weeks
4. Pre-trial checklists sent out at 20 weeks and returned at 22 weeks
5. Trial at 30 weeks

Question 25

Can a party apply to vary directions by the court if they’re not happy with them?

If so, how long do they have?

Answer 25

Yes

Within 14 days

Question 26

When are multi-track directions usually given?

Answer 26

At the Case Management Conference

Question 27

What 4 items are the parties usually required to file at the Case Management Conference for multi-track cases (include timelines where applicable)?

Answer 27

1. Disclosure reports at least 14 days before
2. Costs budgets at least 7 days before
3. Case summary
4. Directions

Question 28

What four features will multi-track directions usually include?

Answer 28

1. Encouragement to consider ADR
2. Disclosure requirements
3. No. of witnesses and how to exchange witness statements
4. Costs budgeting provisions

Question 29

What are four possible sanctions for noncompliance on following directions?

Answer 29

1. Striking out the claim if an unless order was issued
2. Imposing costs or increasing interests
3. Defaulting party to pay money to the court
4. Debar the defaulting party from relying on evidence

Question 30

What is an unless order?

Answer 30

An order from the court which specifies the penalty to be imposed on the defaulting party unless the party complies with the direction

Question 31

When can a party apply for relief from sanctions?

Answer 31

If they had good reason for non-compliance

Question 32

Which 2 key case management tools does a multi-track case use?

Answer 32

1. Case Management Conference (CMC)
2. Pre-trial reviews

Question 33

What is the main thing a judge will do during a CMC?

Answer 33

Review the progress of case preparation, including compliance with the Practice Direction and pre-action Protocols

Question 34

What is a costs management order and when can one be issued?

Answer 34

A court order which controls the parties’ budget in respect of recoverable costs

The court can issue one of these at any time