Case Management

Question 1

(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?

Answer 1

(1) Enable court deal with cases:
(a) JUSTLY
(b) PROPORTIONATE COST

(2) CPR 1

Question 2

What are the 3 steps leading up to a case being ALLOCATED TO A TRACK?

Answer 2

(1) DEFENCE filed
(2) Provisional allocation by NOTICE OF PROPOSED ALLOCATION
(3) Parties file & serve ‘DIRECTIONS QUESTIONNAIRE’
(4) ALLOCATED TO TRACK

Question 3

What document is filed by the Parties following the ‘Notice of Proposed Allocation’?

Answer 3

Directions Questionnaire

Question 4

What are the 2 purposes of a ‘DIRECTIONS QUESTIONNAIRE’?

Answer 4

(1) Confirms CONFIRM TRACK
(2) Determines CASE MANAGEMENT DIRECTIONS

Question 5

What are the 3 tracks a case can be allocated to?

Answer 5

(1) SMALL CLAIMS track
(2) FAST track
(3) MULTI track

Question 6

What 2 questions should be asked when the court decides what track to allocate a case to?

Answer 6

(1) FINANCIAL VALUE of claim?
(2) OTHER FACTORS?

Question 7

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

Answer 7

(1) Small - UP TO £10K (£1k PI)
(2) Fast - £10k - £25k
(3) Intermediate - UP TO £100k
(4) Multi-track - Exceed £100k

Question 8

When calculating the FINANCIAL VALUE of the claim, what 3 things should be disregarded?

Answer 8

(1) Costs
(2) Interest
(3) Contributory negligence
(4) Sum NOT in dispute

Question 9

What are 4 OTHER FACTORS the court will take into account when deciding what track to allocate a case to?

Answer 9

(1) COMPLEXITY facts, law, evidence
(2) NUMBER PARTIES
(3) VALUE OF COUNTERCLAIM
(4) AMOUNT ORAL EVIDENCE

Question 10

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

Answer 10

(1) (a) UP TO £10k (b) UP TO £1k
(b) MAX 1 day
(c) NO costs to winner except court fees

Question 11

For the Fast track, what is the general rule for:
(1) Financial value of claim
(2) Trial length

Answer 11

(1) £10k - £25k
(2) MAX 1 day

Question 12

For the Fast track, what is the general rule for
(1) ORAL Expert Evidence
(2) WRITTEN Expert Evidence

Answer 12

(1) 1 expert witness per Party Per field AND Max 2 fields

(2) No limit

Question 13

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

Answer 13

(1) Yes
(2) Yes
(3) No

Question 14

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

Answer 14

(1) 1 Oct 2023 onwards
(2) UP TO £100k
(3) NOT suitable small claims / fast track

Question 15

For the Intermediate Track, what is the general rule for:
(1) Financial value of claim
(2) Trial length

Answer 15

(1) UP TO £100k
(2) MAX 3 days

Question 16

For the Intermediate track, what is the general rule for:
(1) ORAL Expert Evidence
(2) WRITTEN Expert Evidence

Answer 16

(1) 2 PER PARTY
(2) NO LIMIT

Question 17

Under what 3 conditions should a claim go to the ‘Intermediate Track:
(1) Financial value
(2) Case features

Answer 17

(1) Exceed £100k
(2) Complex OR Important

Question 18

Where will the ‘Case Directions’ that the court applies be derived from for:
(1) Small claims / Fast Track
(2) Intermediate track / Multi-track

Answer 18

(1) Directions Questionnaire
(2) Case Management Conference (CMC)

Question 19

Re Directions in the fast track the court will typically issue ‘Standard Directions’. What are the time frames for these?

Answer 19

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

Question 20

What are the 2 purposes of the Case Management Conference (CMC)?

Answer 20

(1) DIRECTIONS - set Directions Order by identifying the ‘live’ issues between parties
(2) COSTS - manage costs

Question 21

Before the CMC, what 4 documents should the parties file relating to DIRECTIONS?

Answer 21

(1) Directions Questionnaire
(2) Case Summary
(3) Disclosure Report
(4) Draft Directions

Question 22

When must the following be filed:
(1) Disclosure Report
(2) Draft Directions

Answer 22

(1) At least 14 days pre CMC
(2) At least 7 days pre CMC

Question 23

Before the CMC, what 2 documents should the parties file relating to DIRECTIONS?

Answer 23

(1) Costs Budget
(2) Budget Discussion Report

Question 24

A ‘Costs Budget’ shows costs that:
(1)
(2)

Answer 24

Costs:
(1) ALREADY INCURRED
(2) ESTIMATED FUTURE COSTS

Question 25

When must the following be filed:
(1) Costs Budget
(2) Budget Discussion Report

Answer 25

At least 21 DAYS pre CMC

Question 26

What happens if a party does not file / late filing a ‘Costs Budget’?

Answer 26

Budget of COURT FEES ONLY

Question 27

What is shown in the ‘Budget Discussion Report’?

Answer 27

Parts of other party’s budget agree to + parts disagree

Question 28

Following the filing of the ‘Costs Budget’ and ‘Budget Discussion report’:
(1) What is the court likely to issue?
(2) What is the exception to this?

Answer 28

(1) Costs Management Order
(2) UNLESS satisfied proceedings conducted ‘JUSTLY AND PROPORTIONATELY’ without it

Question 29

What are the 2 things contained in a ‘Costs Management Order’

Answer 29

(1) Records EXTENT OF BUDGET AGREED
(2) Sets LIMIT ON FUTURE COSTS - at each stage of proceedings

Question 30

Can a Party revise their ‘Costs Budget’?

Answer 30

No UNLESS ‘significant unanticipated developments’

Question 31

If a ‘Costs Management Order’ is in place, must the ‘Costs Budget’ be followed if costs are then awarded:
(1) Standard basis
(2) Indemnity basis

Answer 31

(1) YES unless ‘good reason’ to depart
(2) NO assessed by court in usual way