Case management Flashcards
Overriding CPR objective
Deal with cases justly and at proportionate cost
Other CPR objectives
- ensure parties are on equal footing,
- saving cost,
- deal with cases proportionately,
- deal with cases expeditiously + fairly,
- allot appropriate share of court’s resources,
- enforce compliance with rules + orders
What must the court do?
Actively manage cases
What must the parties file after provisional allocation to a track?
Directions questionnaire
Consequences of not filing a directions questionnaire in a claim for money in the County Court
Court serves notice requiring compliance within 7 days
If not, case automatically struck out
Consequences of not filing a directions questionnaire in all other cases
Court makes order as sees fit (may strike out case!)
What is NOT considered when determining the value of a claim to decide on its track?
- interest,
- costs,
- contributory negligence,
- any sum not disputed
Allocated to small claims track if…
Value 10,000 or less (or 5,000 or less for road traffic PI cases)
Allocated to fast track if…
Value over 10,000 but below 25,000
Usually trial max. 1 day,
Usually max. 1 expert witness
Allocated to intermediate track if…
Value over 25,000 but below 100,000
Max. 3 parties, max. 2 witnesses giving oral evidence on each side
Trial max. 3 days
When is a claim assigned a complexity band?
If it’s on the fast or intermediate track
Purpose of complexity bands
To determine the amount of fixed recoverable costs
Allocated to multi-track if…
Value over 100,000
Complex legal issues
What does a case management conference (CMC) include?
- reviewing steps parties already took,
- checking compliance with court directions,
- directing on future steps,
- cost management
When can a CMC be listed?
As soon as a case is allocated to the multi-track
Who must attend a CMC?
A legal representative familiar with the case and authorised to deal with the matters
Varying the timetable to trial
Parties can agree in writing to vary it
BUT: can’t vary without applying to court:
- any CMC,
- pre-trial review,
- return of pre-trial checklist,
- trial/trial period
What does a costs budget include?
- incurred costs
- budgeted costs
- statement of truth signed by senior legal representative
Deadlines for filing the costs budget
- if under 50,000: with directions questionnaire
- otherwise: min. 21 days before first CMC
Deadline for filing budget discussion report
Min. 7 days before first CMC
What does a budget discussion report include?
Costs figures for phases that are agreed, and those that aren’t
Can a costs budget be varied?
Yes, but other party or court would have to agree (hard to do!)
Consequences of not submitting the costs budget on time
Unless court orders otherwise, the budget is taken as only including court fees
When is a costs management order made?
Almost always
Only not made if court satisfied that litigation will be at proportionate cost
What does a costs management order cover?
Budgeted costs
NOT incurred costs!
Effect of costs management order
If costs awarded on a standard basis, the court will not depart from the budget unless there is good reason to (if on indemnity basis, can depart)
Effect of NO costs management order
More flexibility
If difference between budgeted costs and claimed costs greater than 20%, claiming party must give reasons for the difference, and court decides on amount recovered
Court sanctions for non-compliance with court directions
- striking out the case,
- paying other party’s costs on indemnity basis,
- increasing/decreasing interest on costs,
- unless order
How are costs determined if awarded on a standard basis?
Must be reasonable and proportionate
Any doubt resolved in favour of payer
How are costs determined if awarded on a indemnity basis?
Must only be reasonable (NOT proportionate)
Any doubt resolved in favour of receiver
Factors court considers in deciding whether to give relief from sanctions
- was the breach serious or significant?
- why did the breach occur?
- evaluate all circumstances (eg. effect of relief, if trial date can be met…)
