Case Management Flashcards

Question

What are the Key Features of the Multi-Track?

Answer 1

**Suitable Cases:** * Highly complex Claims exceeding £100,000, requiring extensive case management. **Key Features:** * Every case is bespoke. **Standard Directions:** * Every case is bespoke.

Answer 2

A document to **help** the **Court understand where** to **Allocate** the Case. It concerns: * PAP Compliance. * Settlement and ADR. * Disclosures Made and Needed. * Witnesses and Expert Evidence. * Estimations of Trial Length and Costs, including a Costs Budget. ## Footnote **Both Parties** must **complete** the **DQ**. **Costs Budgets only apply** if the **Case** falls **within** the **Costs Management Regime**. The Parties must also submit **Proposed Directions**, which are their **suggestions** on **case management**, if the **Case** is above the **Small Track**.

Answer 3

The **chief criterion** is **Claim Value**, but the following are also **relevant**: * The **Remedy sought**. * The **number** of **Parties** involved. * The **views expressed** by the **Parties**. * Any **Counterclaims** or **Part 20 Claims**. * The **amount** of **Oral Evidence** required. * The **extent** of **Expert Evidence** needed. * The **importance** of the Case **to Non-Parties**. * The **complexity** of the **facts**, **law**, or **evidence**. ## Footnote If necessary, the Court will call an Allocation Hearing.

Answer 4

To **issue Case Management Directions** on: * **Disclosure:** Outlining what documents the Parties must disclose. * **Witness and Expert Evidence:** Timelines for exchanging Witness Statements and Expert Reports. * **Interim Applications:** Dates by which Parties can file any such applications. * **Trial Date / Window:** When the Trial will take place, or the timeframe during which it can. | It may also Direct on other matters as it sees fit ## Footnote If necessary, the Court will convene a **Case Management Conference**. This **most often** happens in **Multi-Track Claims**. In especially complex cases, multiple Conferences and Pre-Trial Reviews may be convened.

Answer 5

* **Clarity of the Claim:** Whether the Claim, Defence, and Counterclaim (if any) are sufficiently clear, or whether amendments are needed. * **Disclosure:** Determining the scope and type of Disclosure required, including whether it should be limited or extensive. * **Expert Evidence:** Deciding what Expert Evidence is needed, if any, and setting a timeline for obtaining Expert Reports. * **Witness Evidence:** Identifying the Witnesses the Parties intend to call at Trial and setting deadlines for the exchange of Witness Statements. * **Further Information:** Whether additional information is needed from either Party to clarify aspects of the Case. * **Preliminary Issues:** Whether it would be cost-effective to order a Split Trial or to deal with preliminary issues before the Main Trial. ## Footnote Legal representatives in attendance must have the authority to deal with such issues, and other like them, lest they incur a Wasted Costs Order.

Answer 6

**Disclosure Report:** * The Parties must file a Disclosure Report at least 14 days before the Conference. * The Report must include: * A description of any documents that are, or may become, relevant to the Case. * The location and storage conditions of these documents. * A cost estimate for Standard Disclosure. * A statement on which Disclosure Directions are being sought. **Draft Directions:** * The Parties must file agreed or proposed Draft Directions at least 14 days before the Conference. * If the Parties agree on Directions, the Conference may be cancelled the Court approves them. * If the Parties cannot agree on Directions, each one should still submit its own. **Case Summary:** * It is good practice for the Claimant to submit a Case Summary, outlining: * A chronology of key events in the claim. * A summary of the agreed and disputed. * A brief explanation of the evidence needed to resolve the dispute. **Applications:** * If a Party needs to make any Applications, it should do so at the Conference.