Case management

Question 1

what is the overriding objective?

Answer 1

court must deal with cases JUSTLY and at PROPORTIONATE costs (parties required to help court further this objective.)

Question 2

how must the court deal with cases?

Answer 2

the court must ACTIVELY MANAGE the cases!

Question 3

What happens when a defence is filed in the court process?

Answer 3

The court will provisionally decide which track appears the most appropriate for the claim.

Question 4

What is the role of the directions questionnaire in the court process?

Answer 4

It is used by the court to confirm the track, assign the case to a complexity band if appropriate, and determine directions for case management.

Question 5

In claims provisionally allocated to the multi-track, what documents should be prepared?

Answer 5

(a) a case summary
(b) a disclosure report
(c) a costs budget and budget discussion report

Question 6

What must the parties do when completing the directions questionnaire?

Answer 6

The parties must consult with one another and co-operate in completing it, including attempting to agree on case management directions.

Question 7

What must the solicitor confirm in Part A of the directions questionnaire regarding settlement?

Answer 7

The solicitor must confirm they have explained to their client the need to try to settle, the options available, and the possible costs sanctions if the client refuses to engage

Question 8

What happens if all parties agree to a one-month stay for settlement?

Answer 8

The court will stay (pause) the proceedings for one month

Question 9

What happens if one party objects to the one-month stay for settlement?

Answer 9

The party who objects must provide reasons why they consider it inappropriate.

Question 10

Can the court order a stay for settlement even if no party requests it?

Answer 10

Yes, the court may order a stay of any length for this purpose, whether or not any party has requested it.

Question 11

What happens if a party fails to file the directions questionnaire in a money claim in the County Court?

Answer 11

The court will serve a notice on the defaulting party requiring compliance within seven days. Failure to comply will result in the party’s statement of case being automatically struck out.

Question 12

What happens if a party fails to file the directions questionnaire in cases other than money claims in the County Court?

Answer 12

The court will make an order it considers appropriate, which may include directions, striking out the statement of case, or listing the matter for a case management conference.

Question 13

What is the financial value threshold for a claim to be considered a small claim

Answer 13

claims with financial value of £10,000 or less

Question 14

What are typical directions issued by the court in small claims cases?

Answer 14

1. Each party must deliver copies of all documents they intend to rely on to the others.
2. A requirement to bring original documents to the hearing.
   3.The parties cannot rely on an expert’s report without express permission from the court.

Question 15

How is the hearing conducted in small claims cases?

Answer 15

The hearing is informal, and if all parties agree, the court can make a decision based on the statements of case and documents submitted, rather than by hearing oral evidence.

Question 16

What is the maximum trial duration for a case to be eligible for the fast track?

Answer 16

The trial must be expected to last no longer than one day.

Question 17

What is the financial value range for a claim to be allocated to the fast track?

Answer 17

The claim must fall between £10,000.01 and £25,000.

Question 18

What does the court do when a case is allocated to the fast track?

Answer 18

The court will give standard directions on how the matter is to proceed to trial.

Question 19

When is disclosure required in the fast track process?

Answer 19

Disclosure is required 4 weeks after allocation.

Question 20

When must witness statements be exchanged in the fast track process?

Answer 20

Witness statements must be exchanged 10 weeks after allocation

Question 21

When must experts’ reports be exchanged in the fast track process?

Answer 21

Experts’ reports must be exchanged 14 weeks after allocation

Question 22

When does the court send pre-trial checklists in the fast track process?

Answer 22

the court sends pre-trial checklists 20 weeks after allocation.

Question 23

When must the parties file pre-trial checklists?

Answer 23

he parties must file pre-trial checklists 22 weeks after allocation

Question 24

When is the hearing (trial) scheduled in the fast track process?

Answer 24

The hearing (trial) is scheduled 30 weeks after allocation.

Question 25

Can the parties agree to different directions in the fast track process?

Answer 25

Yes, in writing but the different directions must be approved by the court.

Question 26

What aspects of the timetable can the parties NOT vary in the fast track process?

Answer 26

They cannot change the trial date or the date for returning the pre-trial checklists.

Question 27

What is the financial value range for claims to qualify for the intermediate track?

Answer 27

Claims valued between £25,000 and £100,000 qualify for the intermediate track.

Question 28

What are the requirements for a claim to qualify for the intermediate track?

Answer 28

• the claim must involve a
  maximum of 3 parties (1 C and 2 Ds)
• no more than two
  experts giving oral evidence on each side.
• trial is to last 3 days MAX

Question 29

Is a case management conference mandatory in the intermediate track?

Answer 29

No, the case management conference is discretionary.

Question 30

What determines the amount of fixed recoverable costs within the fast and intermediate tracks?

Answer 30

Claims will be assigned to a complexity band, which will determine the amount of fixed recoverable costs.

Question 31

what basis are costs awarded on in fast and intermediate track?

Answer 31

FIXED COSTS

Question 32

What type of claims are assigned to the multi-track?

Answer 32

The multi-track is reserved for claims with a value of more than £100,000 and cases involving complex legal issues.

Question 33

What does the court do in more complex multi-track cases?

Answer 33

The court may fix a case management conference to ensure appropriate directions for case management are given.

Question 34

What is the purpose of a Case Management Conference (CMC) in multi-track cases?

Answer 34

The CMC helps determine necessary actions, how long they will take, and ensures that the case progresses in accordance with the overriding objective.

Question 35

What are the key tasks during a Case Management Conference (CMC)

Answer 35

the CMC will:

(a) review the steps the parties have already taken to prepare the case;

(b) check their compliance with any directions the court has made

(c) consider and give directions about future steps to ensure the claim proceeds in
accordance with the overriding objective.

Question 36

How many Case Management Conferences (CMCs) are typically needed in multi-track cases?

Answer 36

Often one CMC is sufficient, but if necessary, the court may order further CMCs to review progress.

Question 37

Who must attend a Case Management Conference if a party has a legal representative?

Answer 37

An individual who is personally involved in the conduct of the
case and familiar with the case and has the authority and information to deal with any issues must attend

Question 38

What happens if the person attending the CMC is not adequate?

Answer 38

The court may adjourn the hearing and order the other party’s costs to be paid by the solicitor or their firm (wasted costs order).

Question 39

What is the purpose of a case summary in multi-track cases?

Answer 39

The purpose of the case summary is to describe what matters are still in dispute and which are
agreed

Question 40

What happens if standard directions are not sufficient in multi-track cases?

Answer 40

If standard directions are not sufficient, the court will list additional directions in line with Part 29.

Question 41

Can the parties agree to vary the timetable in the multi-track?

Answer 41

Yes, the parties may agree in writing to vary the timetable in the multi-track.

Question 42

What aspects of the multi-track timetable cannot be changed without an application to the court?

Answer 42

The following cannot be changed without an application to the court:

(a) Any case management conference.
(b) A pre-trial review.
(c) The return of a pre-trial checklist.
(d) The trial or the trial period.

Question 43

What happens if a party fails to adhere precisely to the directions timetable in the multi-track?

Answer 43

It generally won’t be an issue as long as the parties co-operate and meet key dates, such as the CMC and trial.

Question 44

What is the purpose of costs management in multi-track cases?

Answer 44

Costs management allows the court to control both the steps to be taken and the costs to be incurred, ensuring that future costs are reasonable and not disproportionate, in line with the overriding objective.

Question 45

Are there any exceptions to the costs management process?

Answer 45

Yes, generally only claims of £10 million or more are excluded from the costs management process.

Question 46

What is included in a costs budget?

Answer 46

A costs budget includes a breakdown of:

1. Incurred costs: Costs and disbursements already incurred (pre-action, issue of proceedings, statements of case).
2. Budgeted costs: Estimated future costs for various stages of proceedings (case management, disclosure, evidence, trial, etc.).

Question 47

What must be included with a costs budget?

Answer 47

The costs budget must be dated and verified by a statement of truth, signed by a senior legal representative of the party.

Question 48

When must the costs budget be filed?

Answer 48

1. For claims under £50,000: With the directions questionnaire.
2. For all other claims no later than 21 days before first CMC.

Question 49

What must the parties do after filing the costs budget?

Answer 49

The parties must complete a budget discussion report (Precedent R) no later than seven days before the first CMC, listing agreed and disputed figures and providing a brief summary of the disputes.

Question 50

What is the judge’s role in reviewing costs budgets?

Answer 50

The judge will review disputed costs and ensure the costs are reasonable and proportionate to the case, and revise the budget if necessary

Question 51

Can a costs budget be changed after it is approved by the court?

Answer 51

Once a costs budget has been agreed or approved by the court, it is extremely difficult to amend or update it. It can only be revised if there are significant developments (e.g., an unforeseen need for an additional expert’s report

Question 52

what do parties have to file if they vary the costs budget?

Answer 52

a budget variation summary sheet.

Question 53

What are the consequences if a party fails to file a costs budget on time?

Answer 53

If a party files their costs budget late or not at all, they will be treated as having filed a budget consisting only of court fees - unless the court provides relief from this automatic sanction.

Question 54

What will the court do in a costs management order?

Answer 54

The court will:

• Record the extent to which incurred or budgeted costs are agreed between the parties.
• Approve the budgeted costs that are not agreed after making appropriate revisions.

Question 55

What is the effect of a costs management order on recoverable costs?

Answer 55

If a party is ordered to pay another party’s costs, the court will not depart from the last approved or agreed budget unless there is a good reason to do so.

Question 56

Under what circumstances can the court strike out a party’s statement of case?

Answer 56

1. The statement of case discloses no reasonable grounds for bringing or defending the claim.
2. There has been a failure to comply with a rule, practice direction, or court order.

Question 57

What is an ‘unless’ order in the context of court sanctions?

Answer 57

An ‘unless’ order is made if a party has not taken a required step in the proceedings in accordance with a court order

Question 58

What can the court do regarding interest as a sanction?

Answer 58

The court can order an increase or decrease in the interest payable on any damages, depending on which party is at fault.

Question 59

What is a common sanction related to costs for a party in default?

Answer 59

A common sanction is requiring the party in default to pay the other party’s additional costs on an indemnity (penalty) basis or to provide an uplift on the fixed costs.