Case management

Question 1

Overriding CPR objective

Answer 1

Deal with cases justly and at proportionate cost

Question 2

Other CPR objectives

Answer 2

• 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

Question 3

What must the court do?

Answer 3

Actively manage cases

Question 4

What must the parties file after provisional allocation to a track?

Answer 4

Directions questionnaire

Question 5

Consequences of not filing a directions questionnaire in a claim for money in the County Court

Answer 5

Court serves notice requiring compliance within 7 days
If not, case automatically struck out

Question 6

Consequences of not filing a directions questionnaire in all other cases

Answer 6

Court makes order as sees fit (may strike out case!)

Question 7

What is NOT considered when determining the value of a claim to decide on its track?

Answer 7

• interest,
• costs,
• contributory negligence,
• any sum not disputed

Question 8

Allocated to small claims track if…

Answer 8

Value 10,000 or less (or 5,000 or less for road traffic PI cases)

Question 9

Allocated to fast track if…

Answer 9

Value over 10,000 but below 25,000
Usually trial max. 1 day,
Usually max. 1 expert witness

Question 10

Allocated to intermediate track if…

Answer 10

Value over 25,000 but below 100,000
Max. 3 parties, max. 2 witnesses giving oral evidence on each side
Trial max. 3 days

Question 11

When is a claim assigned a complexity band?

Answer 11

If it’s on the fast or intermediate track

Question 12

Purpose of complexity bands

Answer 12

To determine the amount of fixed recoverable costs

Question 13

Allocated to multi-track if…

Answer 13

Value over 100,000
Complex legal issues

Question 14

What does a case management conference (CMC) include?

Answer 14

• reviewing steps parties already took,
• checking compliance with court directions,
• directing on future steps,
• cost management

Question 15

When can a CMC be listed?

Answer 15

As soon as a case is allocated to the multi-track

Question 16

Who must attend a CMC?

Answer 16

A legal representative familiar with the case and authorised to deal with the matters

Question 17

Varying the timetable to trial

Answer 17

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

Question 18

What does a costs budget include?

Answer 18

• incurred costs
• budgeted costs
• statement of truth signed by senior legal representative

Question 19

Deadlines for filing the costs budget

Answer 19

• if under 50,000: with directions questionnaire
• otherwise: min. 21 days before first CMC

Question 20

Deadline for filing budget discussion report

Answer 20

Min. 7 days before first CMC

Question 21

What does a budget discussion report include?

Answer 21

Costs figures for phases that are agreed, and those that aren’t

Question 22

Can a costs budget be varied?

Answer 22

Yes, but other party or court would have to agree (hard to do!)

Question 23

Consequences of not submitting the costs budget on time

Answer 23

Unless court orders otherwise, the budget is taken as only including court fees

Question 24

When is a costs management order made?

Answer 24

Almost always
Only not made if court satisfied that litigation will be at proportionate cost

Question 25

What does a costs management order cover?

Answer 25

Budgeted costs
NOT incurred costs!

Question 26

Effect of costs management order

Answer 26

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)

Question 27

Effect of NO costs management order

Answer 27

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

Question 28

Court sanctions for non-compliance with court directions

Answer 28

• striking out the case,
• paying other party’s costs on indemnity basis,
• increasing/decreasing interest on costs,
• unless order

Question 29

How are costs determined if awarded on a standard basis?

Answer 29

Must be reasonable and proportionate
Any doubt resolved in favour of payer

Question 30

How are costs determined if awarded on a indemnity basis?

Answer 30

Must only be reasonable (NOT proportionate)
Any doubt resolved in favour of receiver

Question 31

Factors court considers in deciding whether to give relief from sanctions

Answer 31

• was the breach serious or significant?
• why did the breach occur?
• evaluate all circumstances (eg. effect of relief, if trial date can be met…)