Case Management Flashcards
What is the aim of case management?
To promote justice but in a way that makes the best use of the courts resources, and to ensure cases are pushed through efficiently and effectively
What is the overriding objective, set out in r 1.1 of CPR?
Aim is to enable to court to deal with cases justly and at proportionate cost
What are the 6 objectives that the court should seek to achieve when dealing with cases?
Ensure parties are on equal footing
Saving expense
Dealing with case in ways that are proportionate to amount of money involved ; importance of case ; complexity of issues ; financial position of each party
Ensuring case is dealt with expeditiously and fairly
Allotting to it appropriate shares of courts resources
Enforcing compliance with rules, practice directions
What is the importance of the aims both to the court and parties, through case management?
Court must give effect to overriding OBJECTIVE when making procedural decision s
Parties are required to HELP the court to further the overriding objective
What are examples of the courts active role?
Encourage parties to co-operate
Identify issues early on
Decide promptly which issues need to be investigationed
Decide order in which issues are to be resolved
Encourage parties to use ADR
Help parties settle
Fixing timetables
Consider benefits of taking a particular step
Dealing with as many aspects of case as it can on on occasion
Making use of technology
When wll the court decide where to allocate a case?
When a defence is filed, the court will provisionally decide which track appears most appropriate
Court will serve on parties a notice of proposed allocation, requiring them to file and serve completed directions questionnaire
What is included in the directions questionnaire?
Settlement - confirm that they have explained to client the need to settle
Court - reasons why case needs to be heard at specific court
Pre-action protocols - if complied
Case management information - if any applciations have been made to court
Experts needed?
Witnesses needed?
How long trial will last
Cost budget
Any other information
Parties shoudl attempt to agree directions and a a draft order must accompany the questionnaire
(Fast track : standard)
(Multi : specimen directions )
What is the name of the directions questionnaire firm?
Form N181
What is the directions questionnaire?
This is a KEY document, in the progress of a case, and will be used by the court to confirm the track, and determine directions for case amazement.
What are the consequences that will follow if a part FAILS TO FILE the directions questionnaire?
If claim is for money in county court, court will serve notice on defaulting party, requiring compliance in 7 DYAS. Failure - struck out
In all other cases - court will make necessary order.
What other factors, other than cost, are taken into account when allocation to track is determined?
Remedy sought
Complexity of facts
Number of parties
Value of counterclaim
Amount of oral evidence
Inoprotance to non-parties
Views and circumstnaces of the parties
What factors are DISREGARDED when determining allocation to track?
Interest
Costs amount
Contributory negligence
Any sum not in dispute
What is the value for small claims track?
10,00 or less
Personal injury - 5,000 or less
What are examples of small claims?
Consumer disputes, disputes about ownership of goods, landlord v tenant, lower value personal injury
What is the procedure for small claims track?
Litigants are able to represent themselves. Therefore parts of CPR do not apply.
Each party must delivery to others copies fo documetns to hearing
Parties not allowed to rely on experts report without EXPRESS permission from court
What is the value for fast track?
And what is the length of fast track?
Must fall between 10,000.01 - 25,000
The court will ALSO take into account the LENGTH of the trial. ONLy those cases where it is going to last no longer than 1 DAY are suitable for fast track
What is the procedure for fast track?
Court will give directions on how the matter is to proceed to trial, and the court will issue standard directions.
What are the 6 steps on the timetable for fast track?
Disclosure
Exchange of witness statements
Exchange of expert reports
Corut sends pre-trial checklists
Parties file pre-trial checklists
Hearing (trial)
What are the dates for the 6 stages of timetable on fast track?
Disclosure - 4 weeks after date of allocation
Exchange of witness statements - 10 weeks
Exchange of expert reports - 14 weeks
Corut sends pre-trial checklists - 20 weeks
Parties file pre-trial checklists - 22 weeks
Hearing (trial) - 30 weeks
What are the differences between fast track and multi-track?
Directions are standard in fast track, therefore not tailored to individual case
Expert evidence is MORE LIMITED in fast track. Usually order a single joint expert, UNLESS good reason not to
Trial is only 1 day in fast track
Power to award costs is more limited, and judge will assess these SUMMARILY (instantly) at end of trial
What is the value of multi-track?
More than 25,000.
Therefore a WIDE range of cases.
What is the procedure for multi-track?
Court will give directions for management of case
Set a timetable for the steps to be taken to trial.
In more complex cases, the court will need to adopt a more flexible approach, and fix a caes management conference CMC
What is a CMC?
This is a discussion, to decide what actions are necessary to progress a multi-track complex caes to trial, and how long these will take.
What steps are looked at during a CMC?
Review the steps the parties have already taken to prepare
Check the compliance with any directions the court has made,
Consider and give directions about future steps to ensure the clam proceeds in accordance with overriding objective
Who must attend the CMC
Individual who is familiar with the case. Usually someone personally involved in conduct of the case.
What is the case summary in multi-track?
Once the parties have served their statements of case, it becomes clear what the issues are.
The purpose of case summary is to describe what matters are STILL in dispute, and which are AGREED>
Basically, an updated caes analysis.
When will the case summary be prepared?
It will be prepared for the CMC to assist the judge in determining how they case should proceed to trial.
Case summary should set out a breif chronology of the claim, state factual issues that are agreed and those that are not.
What are the directions on the multi-track?
They are specific to the case. The aim is to provide a road map to take the proceedings all the way to trial in a efficient and cost-effective way.
What is the content of directions for multi-track which are considered?
Cost of CMC
Considering ADR
Timetable to trial
Reviewing CMC
Expert evidence
Witnesses?
Disclosure and documetns and inspection
Is further information required?
What happens if parties fails to keep to te directions timetable?
Not be an issue, provided the parties CO-OPERATE, and able to meet certain key dates - such as CMC and te trial.
What happens if the parties miss a step of the directions timetable?
Any other party may apply for an order enforcing compliance, and/or for a sanction to be imposed.
What is costs management?
This is a way in whcih the court seeks to CONTROL the litigation.
It enables the court to manage BOTH teh steps to e taken, and costs to be incurred but he parties in multi-track cases -
In which track is costs management used?
Multi -track only
What is costs budgets?
It is a detailed breakdown of the costs and disbursements already incurred (incurred costs), and an estimate of future costs and assumptions. (Budgeted costs)
What must parties do with a costs budget?
A costs budget must be filed with the directions questionnaire for claims of LESS THAN 50,000, and no later than 21 days before first CMC of all other claims.
The parties must complete a budget discussion no later than 7 days before the first CMC.
What is the judges role during a costs budgets?
The judge will recieve those costs which are DISPUTED, by systematically cross-referencing between the parties proposed directions and their budgets, to ensure the suggested costs are reasonable and proportionate.
Costs will be revised if necessary
What happens if a party wants to change a costs budget after submission?
Once it has been agreed or approved, it is VERY DIFFICULT to amend or update it.
Therefore, hsould be draft with GREAT CARE.
ONLY if the other party agrees, or the court can be persuaded that there have been significant developments, may it be revised. But this is RARE.
What if a party acts opessively during cost budgets?
If one party considers another is acting impressively, an applciation can be made to the court, who will grant such relief as may be appropriate. This is to ensure that parties with “deep pockets” do not take advantage of their financial position.
What happens if a party fails to file a costs budget on time?
There are SIGNIFICANT consequences for that party.
Rule 3.14 provides that, unless the court orders otherwise, the party will be treated as having filed a cost budget consistory only of court fees.
What is a costs management order?
This is ANOTHER means of ensuring costs are kept in check.
Court is highly likely to make a costs management order.
What will the court do in teh costs management order?
Record the extent to whcih any incurred or budgeted costs are agreed between parties, and
In respect of budgeted costs that are not agreed, record the courts approval after making appropriate revisions.
What is the effect of a cost management order?
The court will control the parties budgets in respect of recoverable costs. If at trial, one party is ordered eto pay another partys costs to be assessed by the court on the standard basis, the court will not depart from that agreed budget.
Consequence is taht the parties are TIED to their cost budget figures.
What is the effect if there is NO costs management order?
If there is none, there is more flexibility when dealing with costs.
Where there is a difference of 20% or more between costs claimed and costs in budget, the receiving party must provide statement of the reasons for difference.
Why do the courts have sanctions?
There is little point having directions, if a party can simply ignore them.
To comply with the overriding objective, there is a range of sanctions in case a party does not abide
What are examples of sanctions the court can impose?
Striking out a statement of case
Require party in default to pay the other partys additional costs, on indemnity basis
Increases or decease the interest on damages
If a party ahs not taken a step in proceedings, an application may be made to the court for an “unless’ order.
What is r 3.4 CPR?
Striking out a statement of case as a court sanction
What are the 2most common scenarios where the court will strike out a case as a court sanction?
Statement of case discloses NO reasonable grounds for bringing or defending the claim, and,
There has been a failure to comply wit a rule, practice direction or court order.
What are reliefs from court sanctions that the party could apply?
To overturn the penalty.
Unless the sanction is the payment of costs, in which case the party in feudal will have to APPEAL the order, r .9 CPR will apply.
In deciding whether to grant relief, the court will consider all circumstnaces of the case.
What does r 3.9 CPR state
Relief from sanctions.
In deciding whether to grant relief, the court will consider all the circumstnaces of hte case, so as to enable it to deal justify with the applicaiton.
The need to:
- for litigation to be conducted efficiently and at a prortionate cost
- to enforce compliance with rules, practice directions and orders.
what are the complexity bands
the bands assigned to fast track and intermediate track, that determine the amount of fixed recoverable costs
what are the complexity bands in fast track
1: Debt claims, non PI
2 and 3: road traffic, PI incidents
4: professional negligence, complex
what are the complexity bands in intermediate track?
1: debt claims, 1 issue in dispute, 1 day of trial
2 and 3: PI claims, more than 1 issue in dispute. more complex get assigned to 3
4: complex. serious issues of fact and law. 3 days of trial.
