Case Management Flashcards
What is the overhang objective of the CPR set out in rule 1.1 of the CPR?
To deal with cases justly and at a proportionate cost.
List the 6 objectives the court should seek to achieve when dealing with cases.
1) ensure parties are on equal footing;
2) Saving expense;
3) Dealing with cases in way proportionate to:
a) Amount of money involved;
b) Importance of the case;
c) Complexity of the issues; and
d) Financial position of each party
4) Ensure case is dealt with fairly and expeditiously;
5) Allowing to it appropriate share of court’s resources, also taking into account needs to allot resources to other cases;
6) enforcing compliance with rules, practice directions and orders.
Upon the filing of a defence, what will the court do in respect of track allocation?
- Court will provisionally decide which track appears most appropriate for the claim;
- Court will then serve notice of proposed allocation on the parties requiring them to file and serve completed directions questionnaires by specific date.
In addition to the directions questionnaire, which documents need to be prepared by the parties for cases allocated to the multi-track?
1) case summary;
2) disclosure report;
3) costs budget and budget discussion report.
What goes in part A (settlement) section of the directions questionnaire?
- Solicitor confirms they explained to client needs to try and settle, options available and possible costs sanctions on refusal to engage.
- Parties are asked whether to have a 1 month stay, to attempt to settle matter at this stage. If agreed by all parties, court will stay proceedings for 1 month. If not, party objecting must give reasons why they see it as inappropriate.
- Important to note court can stay proceedings for any length of time if they see fit regardless of whether parties have requested this.
Explain what goes in section B (court) of directions questionnaire.
Reasons why case needs to be heard in particular court should be stated.
Explain what goes in section C (pre-action protocols) section of directions questionnaire.
Parties must state whether they complied with relevant pre-action protocol and if not, explain reasons.
Explain what goes in section D (Case Management Information) section of directions questionnaire.
- Includes - whether any applications have been made to the court;
- Any objections to provisional allocation of the case/ reasons for requesting a different track;
- Scope and extent of disclosure documents including proposals for how to deal with electronic documents.
Explain what goes in section E (experts) section of directions questionnaire.
Parties should indicate whether case is suitable for single joint expert and if not, provide details of expert evidence they wish to rely on at trial including the cost.
Explain what goes in section F (witnesses) section of directions questionnaire.
Parties must name witnesses or provide the number of these witnesses, of those which they intend to call on at trial and identify points witnesses will address.
Explain what goes in section G (trial) section of directions questionnaire.
Realistic estimate of how long the trial will last must be given.
Explain what goes in section H (costs) section of directions questionnaire.
If party is legally represented and can likely to go to multi-track, a costs budget MUST be filed.
Explain what goes in section I (other information) section of directions questionnaire.
Other info which may assist judge in hearting the claim should be included, including applications parties intend to make.
Explain what goes in section J (directions) section of directions questionnaire.
- Parties should attempt to agree directions and draft order must accompany questionnaire.
- For fast track this will usually be standard directions;
- For multi-track, directions should be based on the specimen directions listed on MOJ website.
What are the consequences of failing to file/ follow directions questionnaire?
- If claim is for money in the county court, court will serve a notice on defaulting party requiring compliance within 7 days. Failure to do so results in party’s statement of case being struck out automatically.
- All other cases, courts will make order as they see fit. May include an order for directions, to strike out statement of case or to list matter for a case management conference.
Give the financial value thresholds for the three tracks.
1) Small track - up to 10k;
2) Fast track - between £10,000.01 and £25k;
3) Multi-track - over 25k
Aside from value, which other factors will be taken into account by courts when allocating a track?
- remedy sought
- complexity of facts, law and evidence
- number of parties
- value of any counterclaim
- amount of oral evidence
- importance to non-parties
- views and circumstances of parties
List the values/ amounts which the court will NOT consider when allocating a track.
- interest
- costs
- contributory negligence
- any sum not in dispute
Which value is used where the courts are deciding to allocate a claim (in situations where there is a claim and also a counter claim)?
The largest value (ie if the claim is for 20k and the counter claim is 6k, the claim value will be taken as 20k and allocated according to that value).
Explain the rule for value regarding PI claims in the small track.
Claim for damages for pain suffering and loss of amenity in respect of PI may not exceed 5k.
What parts of the CPR do not apply to small track claims?
Disclosure and inspection and provisions relating to evidence and experts.
How are the processes of the small claims track tailored and why?
They are tailored to allow litigants in person (ie not represented by solicitors). As such the process is simpler and the courts try to limit procedural formalities as much as possible.