Case Management Flashcards
(1) What are the 2 purposes of the ‘Overriding Objective’? ‘Enable the court to deal with cases…
(2) What part of the CPR is it set out in?
(1) Enable court deal with cases:
(a) JUSTLY
(b) PROPORTIONATE COST
(2) CPR 1
What are the 3 steps leading up to a case being ALLOCATED TO A TRACK?
(1) DEFENCE filed
(2) Provisional allocation by NOTICE OF PROPOSED ALLOCATION
(3) Parties file & serve ‘DIRECTIONS QUESTIONNAIRE’
(4) ALLOCATED TO TRACK
What document is filed by the Parties following the ‘Notice of Proposed Allocation’?
Directions Questionnaire
What are the 2 purposes of a ‘DIRECTIONS QUESTIONNAIRE’?
(1) Confirms CONFIRM TRACK
(2) Determines CASE MANAGEMENT DIRECTIONS
What are the 4 tracks a case can be allocated to?
(1) SMALL CLAIMS track
(2) FAST track
(3) INTERMEDIATE track
(4) MULTI-track
What 2 questions should be asked when the court decides what track to allocate a case to?
(1) FINANCIAL VALUE of claim?
(2) OTHER FACTORS?
The FINANCIAL VALUE of a claim is a key factor in deciding which track it is allocated to. What are the typical amounts for each track:
(1) Small Claims track
(2) Fast track
(3) Intermediate track
(4) Muti-track
(1) Small - UP TO £10K (£1k PI)
(2) Fast - £10k - £25k
(3) Intermediate - UP TO £100k
(4) Multi-track - Exceed £100k
When calculating the FINANCIAL VALUE of the claim, what 4 things should be disregarded?
(1) Costs
(2) Interest
(3) Contributory negligence
(4) Sum NOT in dispute
What are 4 OTHER FACTORS the court will take into account when deciding what track to allocate a case to?
(1) COMPLEXITY facts, law, evidence
(2) NUMBER PARTIES
(3) VALUE OF COUNTERCLAIM
(4) AMOUNT ORAL EVIDENCE
For the Small Claims track, what is the general rule for:
(1) Financial value of claim for (a) Non PI (b) PI
(2) Trial length
(3) Costs
(1) (a) UP TO £10k (b) UP TO £1k
(b) MAX 1 day
(c) NO costs to winner except court fees
For the Fast track, what is the general rule for:
(1) Financial value of claim
(2) Trial length
(1) £10k - £25k
(2) MAX 1 day
For the Fast track, what is the general rule for
(1) ORAL Expert Evidence
(2) WRITTEN Expert Evidence
(1) 1 expert witness per Party Per field AND Max 2 fields
(2) No limit
Is it likely the court will order a ‘Single Joint Expert’ in a case allocated to:
(1) Fast track
(2) Intermediate track
(3) Multi-track
(1) Yes
(2) Yes
(3) No
Under what 3 conditions should a claim go to the ‘Intermediate Track’?
(1) Date proceedings issued
(2) Financial value of claim
(3) Suitability of other tracks
(1) 1 Oct 2023 onwards
(2) UP TO £100k
(3) NOT suitable small claims / fast track
For the Intermediate Track, what is the general rule for:
(1) Financial value of claim
(2) Trial length
(1) UP TO £100k
(2) MAX 3 days
For the Intermediate track, what is the general rule for:
(1) ORAL Expert Evidence
(2) WRITTEN Expert Evidence
(1) 2 PER PARTY
(2) NO LIMIT
Under what 3 conditions should a claim go to the ‘Intermediate Track:
(1) Financial value
(2) Case features
(1) Exceed £100k
(2) Complex OR Important
Where will the ‘Case Directions’ that the court applies be derived from for:
(1) Small claims / Fast Track
(2) Intermediate track / Multi-track
(1) Directions Questionnaire
(2) Case Management Conference (CMC)
Re Directions in the fast track the court will typically issue ‘Standard Directions’. What are the time frames for these?
From Date of ‘Notice of Allocation’ -
(1) DISCLOSURE - 4 weeks
(2) Exchange WITNESS STATEMENTS - 10 weeks
(3) Exchange of EXPERTS’ REPORTS - 14 weeks
(4) Court sends PRE-TRIAL CHECKLIST - 20 weeks
(5) Parties file PRE-TRIAL CHECKLISTS - 22 weeks
(6) TRIAL - 30 weeks
What are the 2 purposes of the Case Management Conference (CMC)?
(1) DIRECTIONS - set Directions Order by identifying the ‘live’ issues between parties
(2) COSTS - manage costs
Before the CMC, what 4 documents should the parties file relating to DIRECTIONS?
(1) Directions Questionnaire
(2) Case Summary
(3) Disclosure Report
(4) Draft Directions
When must the following be filed:
(1) Disclosure Report
(2) Draft Directions
(1) At least 14 days pre CMC
(2) At least 7 days pre CMC
Before the CMC, what 2 documents should the parties file relating to DIRECTIONS?
(1) Costs Budget
(2) Budget Discussion Report
A ‘Costs Budget’ shows costs that:
(1)
(2)
Costs:
(1) ALREADY INCURRED
(2) ESTIMATED FUTURE COSTS
