Case Management

Question 1

Courts general case management powers

Answer 1

Extend/shorten time frame for compliance with order or PD

Adjourn hearings or bring forward

Stay whole or party of proceeeings

Question 2

Courts power to make orders of its own initiative

Answer 2

Can make orders without prompt or application

If so, must include statement that parties have a tight to set aside, stay or vary

Question 3

Possible sanctiond

Answer 3

Interest - reduce interest payable

Costs - eg order costs on indemnity basis

Strike out

Question 4

Courts power to impose sanctiond

Answer 4

Immediately

Unless order

Question 5

Sanctions imposed by CPR

Answer 5

Failure to disclose expert report - cannot rely at trial

Failure to file costs budget - only applicable fees

Question 6

Relief from sanctiond

Answer 6

Court will consider all circs of case to deal justly with apication

Litigation must be conducted efficiently and at proportionate cost

Denton to assess if relief should be granted

Question 7

Denton principles

Answer 7

1) identify and assess seriousness and significance of failure to comply
- if not serious, relief should be granted
- likely not grant if imperilled future hearing dates
- do not consider conduct at this stage

2) consider why default occured

3) evaluate all circs or case to ensure matter dealt with justly
- inc conduct