case management Flashcards
which of the civil procedure rules contains the overriding objective of civil litigation?
cpr.1
true or false - the judge sets the procedural steps and the timetable for civil claim to follow with no from the litigating parties
false 0 while th ejudge does make the final decision, parties or their representatives are expected to agree or propose as much of the timetable as they are reasonably able to.
what are the three tracks to whcih a claim can be allocated in civil proceedings
small, fast, mutli track
true or false - if a party fails to comply with a deadline of the court order they cannot avoid being subject to a penalty from the court.
false - making an application to the court under cpr 3.9 may lead to the court ordering relief from sanctions being imposed.
how does a court manage a case
- identifying the disputed issues at early stage
- deciding how those issues are to be presented and proved
3., fixing the timetable for the claim to follow - controlling costs
- disposing of cases by summary judgement.
- dealing with the matters without the parties having to attend court.
judges manage based on the overriding objective.
in fast and multi track cases it will be for the parties to seek directions and case management decisions that better their cases. any requests for case management decisions that fall outside standardized directions will need to be justified.
track allocation
- upon defendant filing a defence, a court officer will provisionally decide which track appears most suitable for the claim.
- the court officer will serve a notice on each party that
- states the proposed track
- requires the parties to complete a directions questionaire, file it at court and serve copies on all parties.
criteria for track allocation
small:
- any claim not more than 10,000.
- personal injury - not more than 10,000 , the value of any claim for damages for personal injuries is not more than 1000.
fast track:
- value not more than 25,000
the trial is not likley to last more than one day
- oral expert evidence at trial is limited to
- one expert per party
multi track - when the other two tracks are not suitable.
disagreement with track allocation:
- when there has been a change in circumstance since an order was made
- can be done by either party making an application or by the court independently.
case management directions for fast
practice direction 28 - basis.
disclosure - 4 weeks of the parties filing the directions questionairre.
inspection - 6 weeks
exchange of witness sattements 0 10 weeks
exchange of export reports - 14 weeks
filing of pre trial checklist - 22 weeks
trial - to take place within 30 weeks of the directions questionairre being filed.
COURT CAN DEPART FROM THIS E.G. WHEN A PARTY IS UNREPRESENTED
MULTI TRACK
- once allocated court will fix either a case management conference or pre trial review or both.
- attended by a legal representative - sometimes client.
allows the court to review the steps of the parties case and compliance with directions.
decide and give directions about the steps that are to be taken to secure the progress of the claim.
ensure as far as it can that all agreements which can be reached between the parties about the matters in issue and the conduct of the claim.
- parties must submit their own proposals at least 7 days before the cmc.
non compliance with orders; sanctions and relief
first thing is to try and agree an extension with the representative of the other side (up to 28 days). cannot be extended if put any trial dates at risk
- if other side dont agree - application must be made to the court.
sanction will automatically take place, unless the defaulting party obtains relief. the court will also consider making a wasted costs order against the reperesentative if they are at fault for the default.
sanctions for failing to comply
unless order
interest
payment in court
costs
disallowing evidence
striking out
