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
How long will a claim be stayed for if all parties agree?
A month
Can a claim be stayed if all parties don’t agree?
Yes if the court considers it appropriate
What should the directions questionnaire say about witnesses?
Name witnesses and what they hope that party to prove
What does ‘no property in a witness’ mean?
nothing preventing other party from approaching witness for views/assistance
What are the other issues that the directions questionnaire addresses?
a) Which court
b) Which track
c) interim applications
d) Other facts/documents parties wish judge to consider on allocation
What is the other criteria for consideration when allocating a case to a track?
a) Nature of remedy sought
b) Complexity of facts, law or evidence
c) Number of parties
d) Value of counterclaim/additional claim
e) Amount of oral evidence
f) Importance of claim to non-parties
g) Views of parties
h) Circumstances of parties
Why are litigants more likely to represent themselves on the small claims track?
- Very limited costs recovery
- Fewer formalities (CPR doesn’t apply)
What will the standard abbreviated directions for small claims track usually include?
a) Parties to file + serve on every other party copies of documents intending to rely on no later than 14 days before main hearing
b) Original documents brought to hearing
c) Notice of hearing date (usually at least 21 days) + time allowed for hearing and
d) Court must be informed by agreement between parties if case settles
What is the fast track standard directions time limit for disclosure?
within 4 weeks of allocation notice
What is the fast track standard directions time limit for exchange of witness statements?
within 10 weeks of allocation notice
What is the fast track standard directions time limit for exchange of experts reports?
within 14 weeks of allocation notice
What is the fast track standard directions time limit for filing pre trial checklists at court?
within 22 weeks of allocation notice
What is the fast track standard directions time limit for trial date?
within 30 weeks of allocation notice
What are the next likely steps after a notice of proposed allocation to the multi track?
- Court directions
- Case management conferencee
What is the purpose of a case management conferencec?
Identify real issues/understood by parties + court and whether can be narrowed.
What will a case management conference test parties on?
- Suitability of case for settlement
- Position reached in litigation
- Steps parties taken already
- Compliance with previous directions/orders
- Estimated costs of litigation/proportionate
- Future steps
What will the court consider in a case management conference?
a) Whether claim is clear
b) statements of case amendment
c) Disclosure required
d) Expert evidence required/how/when
e) Factual evidence
f) Further information required
g) Whether just and save costs to order a split trial/trial of preliminary issues
What is required of a legal representative attending a CMC?
must be familiar with case + sufficient authority to deal with issues that would arise
What happens if a legal representative doesn’t attend the CMC and it is postponed?
likely wasted costs order (solicitor pays)
When should the disclosure report be filed for the CMC?
Not less than 14 days before first CMC
When should draft directions be filed for the CMC?
At least 7 days before any CMC
What obligation are parties under before the CMC?
To try to agree directions
What happens if parties agree directions and court considers them appropriate?
may vacate the CMC (cancel it)
What happens if parties are unable to agree directions?
court gives directions, hears submissions from representatives
When may parties not make a disclosure report for multi track cases?
Personal injury cases
What is required for the disclosure report?
Verified by statement of truth and
a) Briefly describes documents that exist/may exits that are/may be relevant to matters in issue in case
b) Describes where and whom with documents are/may be located
c) How many electronic documents stored
d) Estimate broad range of costs in giving standard disclosure inc search
e) Which disclosure directions are to be sought
What is a case summary and should it always be given?
Required to consider if CS appropriate.
Up to 500 words, prepared by C and agreed with other parties (if possible)
What is contained in a case summary?
Required to consider if CS appropriate.
Up to 500 words, prepared by C and agreed with other parties (if possible)
When should a party make an application to court?
as soon as apparent necessary/desirable.
Ideally so can be considered at any other hearing already fixed inc CMC
What can sanctions relate to?
- Interest
- Costs
- Striking out statements of case
When can the court impose sanctions?
- Immediately or
- Unless order – automatic sanction for non-compliance (specifies date/time)
What are examples of CPR default sanctions?
- failure to disclose expert report prevents use of report at trial
- Failure to file costs budget = only filing costs budget of applicable fees
How can a time limit for sanctions be varied?
by written agreement of parties unless PD/court orders otherwise
How is extending the time limit for sanctions limited?
Can’t vary where PD/Court order:
* Requires party to do something within specified time and
* Specifies consequences of failure to comply
In this case, parties can only extend up to 28 days provided doesn’t risk hearing
What is the Denton test?
a) Seriousness + significance of failure to comply
b) If serious or significant, consider why default occurred
c) Evaluate all circumstances of case (weight given to conducting efficiently/ proportionate cost and enforcing compliance)
What is the guidance for serious and significant failure to comply?
Has it imperilled future hearing dates/disrupted conduct of litigation
