Case Management Flashcards
chapter 7
What is the overriding objective of the Civil Procedure Rules (CPR)?
The overriding objective is to enable the court to deal with cases justly and at proportionate cost. This involves ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, expeditiously and fairly, allotting appropriate court resources, and enforcing compliance with rules. Parties also have a duty to help the court further this objective.
What are the main case management tracks in the Civil Procedure Rules (CPR)?
○Small Claims Track: For claims of £10,000 or less.
○Fast Track: For claims between £10,000.01 and £25,000.
○Intermediate Track: For claims between £25,000 and £100,000.
○Multi-Track: For claims over £100,000 and complex cases. The allocation of a case to a track depends on the financial value and complexity of the claim.
What is a Directions Questionnaire and when is it used?
A Directions Questionnaire is a key document used by the court to confirm the track a case will take, assign complexity bands, and determine case management directions. It is completed by parties after a defence is filed. The questionnaire includes sections on settlement, court details, pre-action protocols, case management information, experts, witnesses, trial estimates, costs, other information, and directions.
What are the consequences of failing to file a Directions Questionnaire?
○For money claims in the County Court, failure to file within seven days of a court notice results in the party’s statement of case being automatically struck out.
○In all other cases, the court will make an appropriate order, which may include directions, striking out a statement of case or listing the matter for a case management conference.
What is the purpose of a Case Management Conference (CMC)?
A CMC is used in multi-track cases to review case preparation, check compliance with court directions, and give directions for future steps to ensure the claim proceeds according to the overriding objective. It identifies live issues and sets a timetable for the case.
What are Costs Budgets and when must they be filed?
Costs budgets are a detailed breakdown of incurred costs and estimates of future costs, including disbursements.
○ For claims under £50,000, it is filed with the directions questionnaire.
○ For all other claims, it is filed no later than 21 days before the first CMC. A budget discussion report must also be completed no later than seven days before the first CMC.
What happens if a party files a Costs Budget late?
Unless the court orders otherwise, the party will be treated as having filed a costs budget consisting only of the court fees. This means they cannot recover their future legal costs, apart from court fees, from another party.
What is a Costs Management Order?
A Costs Management Order is imposed by the court to control the parties’ budgets in respect of recoverable costs. The order records the extent to which costs are agreed, and approves or revises costs that are not agreed.
What sanctions can the court impose for failing to comply with directions or orders?
Sanctions include:
○ Striking out a statement of case.
○ Costs orders, where the defaulting party must pay the other party’s costs on an indemnity basis.
○ Interest adjustments, increasing or reducing interest on damages.
○ Unless orders, requiring a party to take a specific action within a time limit or face further sanctions.
What is “Relief from Sanctions” and how is it granted?
A party can apply to overturn a sanction. The court considers all circumstances, particularly the need for efficient and proportionate litigation. It follows a three stage test:
○ Assessing the seriousness of the breach.
○ Considering why the failure occurred.
○ Evaluating all circumstances of the case. Judges take a robust approach to such applications and may penalise parties who unreasonably seek to take advantage of a minor breach by an opponent.
