Case Management

Question 1

What is the overriding objective of the CPR?

Answer 1

To enable the court to deal with cases justly & at proportionate cost

Question 2

What are the 6 objectives of the court when dealing with cases, as part of their obligation to further the overriding objective?

Answer 2

1. Ensure parties are on equal footing
2. Save expense
3. Deal with case in a way that is proportionate to: amount of money involved, importance of case, complexity of issues, financial position of each party
4. Ensure case dealt with expeditiously & fairly
5. Allot to it an appropriate share of court’s resources
6. Enforce compliance with rules, practice directions, orders

Question 3

Do the parties to litigation have to further the overriding objective?

Answer 3

Yes - r1.3: positive duty on the parties involved to help the court further the overriding objective

Question 4

What is the procedure for track allocation?

Answer 4

Provision Allocation when defence filed

→ Court serves on parties notice of proposed allocation, requiring them to file & serve completed directions questionnaire (if multi-track, must also prep case summary, disclosure report, costs budget, budget discussion report)

→ Parties co-operate in completing directions questionnaire (Form N181)

Question 5

What is set out in the directions questionnaire about settlement?

Answer 5

Solicitor confirms have explained need to settle + parties asked if want 1 months stay to attempt to settle

If agree: court stays proceedings for one month

If don’t agree: objecting party must explain why

& court may of its own initiative order stay of any length for settlement

Question 6

When do the parties need to file a costs budget as part of the directions questionnaire?

Answer 6

If party legally represented & case likely to be allocated multi-track

Question 7

What happens if a party fails to file the directions questionnaire?

Answer 7

Claim for money in County Court
Court serves notice on defaulting party, requiring compliance within 7 days (if fail to do so, party’s statements of case automatically struck out

All other cases
Court makes order as it considers appropriate

Question 8

What is the value of claims in the small claims track?

Answer 8

£10,000 or less

For road traffic personal injury, PSLA damages must not exceed £5,000

Question 9

What is the value of claims in the fast track?

Answer 9

Between £10,000.01 & £25,000 (usually where trial expected to last not longer than one day)

Question 10

What kind of directions will the court issue in the fast track?

Answer 10

Standard directions

• Expert evidence usually limited to single joint
• Court’s power to award costs more limited than multi track (generally just summarily at the end)

Question 11

What is the value of claims in the multi-track?

Answer 11

More than £25,000

Or lower value where trial expected to last more than one day

Question 12

Which cases will have a case management conference?

Answer 12

Multi-track

Question 13

What is the purpose of the case management conference?

Answer 13

Held after allocation to identify the live issues between the parties & to set a timetable to trial

Question 14

Who must attend the case management conference?

Answer 14

If party legally represented, a person familiar with the case & who has authority to make decisions

Nb. where the inadequacy of the person attending leads to the adjournment of CMC, court may order other party’s costs re hearing are paid for either solicitor personally or their firm (wasted costs order)

Question 15

When might the court order a wasted costs order in relation to attendance at CMC?

Answer 15

If the person attending is not familiar with the case & doesn’t have authority to take decisions

& this inadequacy leads to the adjournment of CMC

(wasted costs order = other party’s costs re hearing are paid for either solicitor personally or their firm)

Question 16

What is the court’s role in the case management conference?

Answer 16

To review steps taken to date, determine directions needed to progress case in accordance with overriding objective & deal with costs management

Question 17

What are the 6 required documents for a case management conference?

Answer 17

1. Directions Questionnaire
2. Case Summary
3. Disclosure Report
4. Costs Budget
5. Budget Discussion Report
6. Draft order

Question 18

When must the costs budget be filed?

Answer 18

For claims under £50k: with the directions questionnaire

For all other claims: no later than 21 days before CMC

Question 19

What happens if the costs budget is not filed or filed late?

Answer 19

Party will be treated as having filed a budget consisting of court fees only

(Can apply for relief)

Question 20

When must the Budget Discussion Report be filed?

Answer 20

No later than 7 days before CMC

Question 21

Once a costs budget has been agreed or approved by the court, can it be revised?

Answer 21

Only if:

(a) Other party agrees or
(b) Court can be persuaded there have been significant unanticipated developments

If revised, must file a budget variation summary sheet

Question 22

When will the judge at the CMC make a Costs Management Order?

Answer 22

If not satisfied that litigation can be conducted justly & at proportionate cost (ie. costs too high)

Question 23

What are 4 sanctions available to the court to ensure compliance with overriding objective?

Answer 23

1. Striking out statement of case ie. claim/defence comes to immediate halt
2. Requiring defaulting party to pay other party’s additional costs on indemnity basis
3. Order increasing/reducing interest payable on any damages
4. Unless Order (where party has not taken a step in proceedings in accordance with court order)

Will take effect unless party applies to obtain relief

Question 24

What can a party subject to a sanction do?

Answer 24

Apply to obtain a relief (r3.9)

Question 25

What factors are taken into account when a relief from sanctions is being considered by the court?

Answer 25

1. Is breach serious or significant
2. Was there a good reason for the breach
3. Evaluate all circumstances