Case Management Flashcards
What are examples of courts case management powers?
- Extend/shorten time for compliance
- Adjourn/bring forward hearing
- Require party/legal representative to attend court
- Stay whole/part of proceedings or judgement
- Exclude an issue from consideration
- Order any party to file and exchange a costs budget
What is the general provision on the court’s powers?
Any step/make any order for the purpose of case management and furthering overriding objective
What does the power of the court to make an order on its own initiative mean?
can provide new directions/terminate case without either party taking a step
If a court makes an order on its own initiative without a hearing/allowing parties to make representations, what is included in the order?
statement that parties have right to apply to set aside, stay or vary order within given period (if not specified, within 7 days of order served on party making application)
What does striking out mean?
Deletion of written material from a statement of case so that it cannot be relied on in proceedings. Can include deletion of entire statement of case (so case is over)
What is striking out designed for?
Designed to target cases that are inadequately drafted/abuse of court process
Who can initate a strike out?
- Court’s own initiative
- Application of a party
How is striking out different to a summary judgement?
Strike out - cases which do not amount to a legally recognisable claim or defence
Summary judgement - Cases which are weak on the facts
How is striking out different to a default judgement?
Strike out - Not purely procedural
Default judgement - Procedural, failure of defendant to respond to a claim
What are the three grounds for striking out?
a) No reasonable ground for bringing/defending the claim
b) Abuse of process / likely to obstruct just disposal of proceedings
c) Failure to comply with a rule, practice direction or court order
What happens where a court makes an order to strike out a statement of case if the party does not comply, and the party therefore doesn’t comply so the statement of case is struck out?
the other party can generally obtain judgement with costs by filing simple request at court
What are the three case management tracks?
- Small claims track
- Fast track
- Multi-track
What claims are on the small track?
- Value no more than £10,000
- Claims by tenant of residential premises against landlord for repairs where neither repairs/damages are more than £1000
What claims are on the fast track?
Claims up to £25,000 provided that
* Trial likely to last no longer than one day (5 hours) and
* There will only be oral expert evidence from one expert per party in each of no more than two expert fields.
What does the court not consider when calculating the financial value of a claim?
- Any amount not in dispute
- Interest
- Costs
- Contributory negligence
What are the rules for allocation to the small claims track for personal injury cases?
Financial value no more than £10,000 and
a) RT claims where accident occurred before 31 May 2021, or C is a child or protected party, damages for PI valued at no more than £1000
b) Other RT claims damages valued no more than £5000
c) Any other PI, damages for PI valued no more than £1500
What is the allocation process?
- Defence
- Notice of proposed allocation
- Directions questionnaire
- Proposed directions (fast/multi)
- Notice of allocation
What will the notice of proposed allocation require parties to do?
- File and serve directions questionnaire
- Fast/Multi - proposed directions
- Costs management regime - File and serve costs budget + agreed budget discussion report.
What matters are addressed in the Directions Questionnaire?
- Pre-Action Protocol
- Settlement
- Disclosure
- Witnesses
- Expert Evidence
- Trial time estimate
- Costs
- Directions
What should the directions questionnaire say about the pre-action protocol?
- Confirm whether complied
- No specific PAP = PD on Pre-Action Conduct’
- Failed to comply = explain why and may be sanctions
What can parties request in the directions questionnaire?
To stay proceedings
What is staying proceedings?
period of time where proceedings paused, parties can’t take steps apart from those allowed in CPR/terms of the stay
What should legal representatives confirm regarding settlement in the directions questionnaire?
that they have explained to client need to consider settling and costs consequences for unreasonable refusal