Case management

Question 1

What is the court’s overriding objective?

Answer 1

To deal with cases justly and at a proportionate cost.

Question 2

What should the court do with vulnerable witnesses in terms of ensuring the parties are on an equal footing?

Answer 2

Vulnerable persons (those with language difficulties, physical disabilities or impairments or health conditions) should be considered by the court and appropriate provisions should be put in place.

Question 3

How are cases allocated to a track?

Answer 3

When a defence is filed, the court will provisionally decide which track appears most appropriate for the claim.

The court will serve on the parties a notice of proposed allocation, requiring them to file and serve a completed directions questionnaire by a specified date.

The directions questionnaire will be used by the court to confirm the track and to assign the case to a complexity band where applicable.

A draft order for the directions which are sought should accompany the questionnaire.

Question 4

What additional documents need to be provided with a directions questionnaire for a multi-track case?

Answer 4

Case summary
Disclosure report
Costs budget and budget discussion report.

Question 5

What if one of the parties fails to file the directions questionnaire?

Answer 5

If it is for money in the County Court - the court will serve a notice requiring compliance within 7 days. If they do not comply, the case will be automatically struck out.

In all other cases, the court may include an order for directions, strike out a statement of case or list the matter for a case management conference.

Question 6

What are the four types of track?

Answer 6

Small claims track
Fast track
Intermediate track
Multi-track

Question 7

What the value, type and typical directions for the small claims track?

Answer 7

Value - £10,000

Type - consumer disputes, ownership of goods, landlord and tenant and low value PI

Directions - Simple directions e.g. bringing all documents relied on, permission to include expert witnesses.

Question 8

What the value and typical directions for the fast track?

Answer 8

Value - £10,000.01 to £25,000

Directions - Standard directions e.g. exchange of witness statements and export reports, pre-trial checklists, hearings.

Any deadlines will run from the date of allocation.

Question 9

What are the complexity bands in the fast track allocation?

Answer 9

Band 1 - defended debt claims, RTA non-personal injury claims

Bands 2 and 3 - RTA personal injury claims and other types of personal injury claims

Band 4 - professional negligence claims and other complex claims

Question 10

What are the complexity bands in the intermediate track allocation?

Answer 10

Band 1 - defended debt matters and claims with only one issue in dispute, and likely to take no more than one day.

Bands 2 and 3 - claims where more than one issue is in dispute. Band 2 is less complex than Band 3.

Band 4 - most complex claims and the trial is anticipated to take three days.

Question 11

What are the key differences between the fast track and intermediate track?

Directions
Witness statements
Evidence
Trial time
Costs

Answer 11

Directions - fast track standard but limited, intermediate track may be slightly more tailored.

Witness statements - fast track is unlikely to have them, intermediate track is limited to 30 pages

Evidence - fast track likely to consist of a single joint expert, intermediate likely to have more than one and report is limited to 20 pages

Trial time - fast track no longer than one day, intermediate no longer than three days

Costs - both fast and intermediate will be awarded on a fixed basis

Question 12

What the value, procedure and typical directions for the multi-track?

Answer 12

Value - Over £100,000 and complex legal cases

Procedure - The court will give directions and set a timetable for the steps to be taken up to trial.

Directions - the courts will be flexible and a case management conference will be held to ensure that appropriate directions are given.

Question 13

What does the case management conference do and what steps should be taken during one? (3)

Answer 13

In complex claims, they decide what actions are necessary to progress the matter to trial and how long these will take.

Steps are:
1. Review steps taken so far
2. Check compliance with existing directions
3. Consider and give directions for future steps

Question 14

How many case management conferences can be held?

Answer 14

Multiple can be held to check the progress of the parties on their directions.

Question 15

What is a wasted costs order?

Answer 15

When an inadequate person attends the case management conference and it leads to an adjournment, the court may order the other party’s costs to prepare for the hearing are paid by the solicitor personally or their firm.

Question 16

What is a case summary?

Answer 16

A summary which must be filed in multi-track cases which summarises what matters are still in dispute.

This assists the judge before a case management conference.

Question 17

What is contained in a case summary?

Answer 17

Brief chronology

Factual issues agreed and in dispute

Evidence needed to decide disputed facts

Question 18

Who normally prepares the case summary?

Answer 18

Claimant

Question 19

What type of directions will be made on a multi-track case?

Answer 19

The parties can refer to a ‘menu’ of directions on the MoJ website.

Question 20

What directions are the parties precluded from changing?

Answer 20

Any CMC
Pre-trial review
Return of pre-trial checklists
The trial/trial period

Question 21

What should the parties do if they have settled?

Answer 21

Inform the court ASAP and file a draft consent order.

Question 22

What if a party fails to comply with directions?

Answer 22

Any other party may apply for an order enforcing compliance and/or for a sanction to be imposed.

Question 23

Will the court postpone the trial date if there has been a failure to comply with directions?

Answer 23

No, the court will not allow failure to comply with directions to postpone the trial, unless there are exceptional circumstances.

Question 24

What is a costs management order?

Answer 24

Record the extent of any incurred or budgeted costs between the parties.

Question 25

What is a costs budget?

Answer 25

A statement of costs already incurred and those anticipated for the future conduct of the litigation.

Question 26

When must a costs budget be filed?

Answer 26

Either:
- with the directions questionnaire for claims for under £50,000; or
- no later than 21 days before the CMC

Question 27

How are costs decided on a costs budget?

Answer 27

Filing budget discussion reports of costs agreed and disagreed no later than seven days before the CMC.

The parties should seek to agree these courts, otherwise the court will review them.

Question 28

What if the party’s budgeted costs are too high?

Answer 28

A costs management order may be made.

Question 29

Can the parties revise their budget in a costs budget?

Answer 29

Very rarely, but if they need to they will have to convince the court that there have been significant unanticipated developments since the budget was filed.

Question 30

What happens at the end of a case in terms of the costs?

Answer 30

A party awarded its costs on the standard basis will recover its last approved or agreed budget costs unless the court is satisfied there is a good reason for departing from them.

Costs awarded on an indemnity basis and incurred costs are assessed by the court in the usual way.

Question 31

What sanctions can the court impose?

Answer 31

Striking out a case

Requiring a defaulting party to pay the other party’s additional costs on an indemnity basis

Increase/reduction in interest on damages

‘Unless’ order (ultimatum before the claim is struck out)

Question 32

When can the court strike out a claim?

Answer 32

When the statement of case discloses no reasonable grounds for bringing or defending the claim

AND

There has been a failure to comply with a rule, practice direction or court order.

Question 33

What is the process for seeking relief from a sanction?

Answer 33

Parties wishing to seek relief should apply promptly and support their application with evidence addressing:

• the seriousness of the breach;
• why failure is or default occurred; and
  evaluating the circumstances of the case e.g. whether the trial date could still be met.