case management

Question 1

small track
fast track
multi track

Answer 1

small track- 10k or less PI 1.5k
fast track- 25k, one expert, 2 expert max, no max for written expert evidence
multi- everything else

Question 2

when must the disclosure report be served by? and when must a draft disclosure directions be filed by if parties do not agree

Answer 2

• Disclosure report: 14 days before CMC
• Draft disclosure direction: 7 days before CMC

Question 3

What form does the Disclosure Report and what does it contain?

Answer 3

• briefly describes what docs exist?
• describes where, with whom location
• estimates costs
• parties can indicate if they want another order than standard disclosure
• verified by statement of truth

Question 4

what happens if parties don’t agree on directions?

Answer 4

• where parties don’t agree, a CMC will be used for the court to hear submissions from representative before deciding what directions to made

Question 5

what is the budget when must it be filed and exchanged?

Answer 5

• reasonable and proportionate costs the party intents to incur

filed and exchanged 21 days before the first CMC

Question 6

what does the statement of truth for the budget say?

Answer 6

This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation”

Question 7

what does the budget include?

Answer 7

disbursements, estimated future costs , solicitor charges, incurred charges

Question 8

when must the parties exchange budget discussion reports? what do the reports indicate?

Answer 8

• no later then 7 days before the first CMC
• figures they agreed and not agrees for each phase of litigation
• a brief summary of grounds of dispute

Question 9

Cost management order
what does it record?
what happens if figures are not agreed?
can a party recover more?

Answer 9

The CMO will:
1) Record the extent to which the costs budgets are agreed between the parties. Agreed figures cannot be changed by the court.
2) Where the figures are not agreed, the court decides the budget for each party and each stage in the proceedings

When the court approves the costs budget, this indicates that the budgeted costs are reasonable and proportionate.

Where a CMO is made, when assessing costs after trial on the standard basis the court will consider a party’s last approved or agreed costs budget and will not depart from it (i.e., grant more costs) unless there is GOOD REASON to do so (CPR 3.18(b)).

A party cannot recover more costs from an opponent than it has incurred, even if the budget provides for a greater sum than has been incurred. The budget becomes a ‘cap’ on what can be recovered.

Question 10

when can a cost budget be revised?

Answer 10

when there is significant developments in litigation