Case Management Flashcards
List the four tracks a case can be allocated to.
The four tracks are the small claims track, the fast track, the intermediate track, and the multi-track.
Describe the small claims track in the context of civil procedure rules.
The small claims track is the normal track for cases with a value of not more than £10,000, including claims by a tenant against a landlord for repairs where the total does not exceed £1,000.
Define the criteria for the fast track in civil claims.
The fast track is for claims up to £25,000, where the trial is likely to last no longer than one day (five hours) and only one expert per party is allowed in no more than two expert fields.
How long can a trial last in the intermediate track according to civil procedure rules?
In the intermediate track, the trial is likely to last no longer than 3 days if managed proportionately.
What is the maximum claim value for the intermediate track?
The intermediate track is suitable for claims up to £100,000.
What are the limitations on expert evidence in the fast track?
In the fast track, there can only be oral expert evidence from one expert per party in each of no more than two expert fields.
Describe the general value limit for personal injury claims in the small claims track.
The general value limit for personal injury claims in the small claims track is not more than £10,000.
Define the special rules for road traffic claims in the small claims track.
For road traffic claims where the accident occurred before 31 May 2021, or if the claimant is a child or protected party, or if the claimant was riding a motorcycle, the damages for personal injuries are valued at not more than £1,000.
How are damages for personal injuries valued in other road traffic claims under the small claims track?
In other road traffic claims, the damages for personal injuries are valued at not more than £5,000.
What is the maximum value for damages in personal injury claims that are not road traffic claims within the small claims track?
In personal injury claims that are not road traffic claims, the damages for personal injuries are valued at not more than £1,500.
Describe the process after a defence is filed in court regarding claim allocation.
The court sends out a notice of proposed allocation, provisionally allocating the claim to the small claims track, fast track, intermediate track, or multi-track.
What happens after the court sends out the notice of proposed allocation?
Parties file directions questionnaires.
Define the role of the court in the allocation of claims.
The court will allocate the claim to a track after a hearing if necessary and serve a notice of allocation.
How does the allocation process differ for claims provisionally allocated to the fast track, intermediate track, or multi-track?
The parties also file proposed directions in addition to the directions questionnaires.
Explain the significance of a case management conference in the allocation process.
The court may fix a case management conference at which directions will be considered for claims allocated to the intermediate or multi-track.
What is the purpose of filing directions questionnaires by the parties?
To provide the court with necessary information for the allocation of the claim.
How does the court communicate the final allocation of a claim to the parties involved?
The court serves a notice of allocation.
List the requirements for parties as stated in the notice of proposed allocation.
- File and serve a directions questionnaire. 2. File proposed directions for the fast track, intermediate track, or multi-track. 3. For claims under the costs management regime, file and serve a costs budget and an agreed budget discussion report.
What is the significance of the directions questionnaire mentioned in the notice?
The directions questionnaire is a document that parties must file and serve, which helps the court understand the case and plan the next steps.
Describe the purpose of the directions questionnaire (DQ) in court cases.
The directions questionnaire (DQ) is used to provide the court with information necessary to determine which track a case will be allocated to.
What forms are used for different tracks in the directions questionnaire process?
Form N180 is used for small claims track cases, while Form N181 is used for fast track, intermediate track, and multi-track cases.
Define the types of cases that require different forms of the directions questionnaire.
Small claims track cases require Form N180, while fast track, intermediate track, and multi-track cases require Form N181.
Describe the purpose of the pre-action protocol in legal proceedings.
The pre-action protocol aims to ensure that parties confirm compliance with established procedures before initiating legal action, promoting settlement and reducing court time.
What is a stay in legal proceedings?
A stay is a period during which legal proceedings are paused, preventing parties from taking any steps except those allowed by the Civil Procedure Rules (CPR) or the terms of the stay.
How can parties request a stay in proceedings?
Parties can request a stay in the proceedings through a section in the Directions Questionnaire (DQ) to allow time for settlement discussions.
What must parties do if there is no specific pre-action protocol?
If there is no specific pre-action protocol, parties are expected to comply with the practice direction on Pre-Action Conduct.
What are the potential costs consequences for a client who unreasonably refuses to settle?
A client who unreasonably refuses to settle may face costs consequences, meaning they could be liable for additional legal costs as a result of their refusal.
What happens if all parties request to stay
If all parties request a stay, the claim will be stayed for a month.
Define the term ‘disclosure’ in the context of legal proceedings.
Disclosure is the stage where parties exchange documents, typically involving each party serving a list of existing documents for inspection or copying.
What is typically included in the Disclosure Questionnaire (DQ) regarding case management?
The DQ asks parties to provide case management information related to the future preparation of the case for trial, including the extent of disclosure.
How do parties usually conduct the disclosure process?
Parties usually serve a list of documents that exist, allowing the recipient to inspect or receive copies of those documents, with some exceptions.
Explain the concept of ‘no property in a witness’.
The concept means there is no rule preventing a party from approaching a witness listed by the other party to seek their views or assistance.
How can a party rely on expert evidence in court?
A party wishing to rely on expert evidence must obtain the court’s permission to do so.
What types of issues might require expert evidence in a trial?
Judges may need to consider scientific, technical, medical, or other specialized issues that they may not have direct experience or knowledge of.
How should trial parties handle changes to their time estimate?
Parties are required to notify the court if there is any change to the time estimate given.
Define the role of costs budgets in multi-track cases.
In multi-track cases that fall within automatic costs management, parties need to file a costs budget with the DQ as part of the costs management regime.
Explain the filing requirement for proposed directions in the DQ.
Proposed directions must be filed with the DQ, regardless of whether the parties have reached an agreement.
What is the significance of the DQ in trial proceedings?
The DQ is significant as it outlines requirements for time estimates, costs budgets, and directions that parties must adhere to in trial proceedings.
How do interim applications factor into the DQ process?
The DQ inquires whether the parties have made any interim applications and if they plan to make any in the future.
Define the role of allocation hearings in the allocation process.
Allocation hearings are rare and may be held if the court requires more information to make an allocation decision.
Describe the factors the court considers when evaluating a counterclaim or Part 20 claim.
The court considers the value of the largest claim, the amount of oral evidence required, the importance of the claim to non-parties, the views expressed by the parties, and the circumstances of the parties.
What factors might lead the court to allocate the claim to the fast track despite it being over £25,000?
Factors include the claim being just over £25,000, the straightforward nature of the remedy sought, the simplicity of the claim factually, legally, and evidentially, limited evidence, the claim’s low importance to anyone other than the parties, and both parties’ preference for the fast track.
How does the fixed cost structure of the fast track appeal to both parties?
The fixed costs involved in the fast track reduce the stakes in the litigation, making it more attractive to both parties.
What is a case management conference in the context of claim allocation?
A case management conference is a meeting scheduled by the court to discuss and consider directions for claims allocated to the intermediate track or multi-track.
How does the court usually respond to claims allocated to different tracks?
The court will usually give directions for claims allocated to the small claims track or fast track.
Explain the significance of directions questionnaires in the allocation process.
Parties file directions questionnaires to assist the court in determining the appropriate track for the claim.
Identify the characteristics of claims assigned to Complexity Band 3.
Complexity Band 3 includes more complex claims with more than one issue in dispute, unsuitable for assignment to Complexity Band 2, such as noise-induced hearing loss and other employer’s liability disease claims.
How long is the trial expected to last in the intermediate track cases?
The trial in intermediate track cases is likely to last no longer than 3 days if managed proportionately.
What is the maximum claim amount for cases in the intermediate track?
The maximum claim amount for cases in the intermediate track is up to £100,000.
Explain the limitations on expert evidence in intermediate track cases.
In intermediate track cases, oral expert evidence is likely to be limited to two experts per party.
What are the page limits for witness statements and expert reports in the intermediate track?
The total length of permitted witness statements and summaries is limited to 30 pages, while expert reports are limited to 20 pages, excluding necessary attachments.
Identify the types of claims that are suitable for the intermediate track.
Claims suitable for the intermediate track include those brought by a single claimant against one of two defendants or by two claimants against a single defendant.
Describe the purpose of assigning a complexity band to a case in the intermediate track.
The complexity band determines the level of fixed costs that can be recovered by the Claimant at the conclusion of the case.
Define Complexity Band 1 in the context of the intermediate track.
Complexity Band 1 includes any claim where only one issue is in dispute and the trial is not expected to last longer than one day.
What types of claims fall under Complexity Band 2?
Complexity Band 2 includes less complex claims where more than one issue is in dispute, such as personal injury accident claims where liability and quantum are in dispute.
Describe the criteria for allocating a case to the intermediate track.
A case will be allocated to the intermediate track if there are no additional factors making the claim inappropriate, and it involves either a single claimant against one of two defendants or two claimants against a single defendant, with a maximum of three parties.
Explain the criteria for a claim to be assigned to Complexity Band 4.
Complexity Band 4 includes any claim that would normally be allocated to the intermediate track but is unsuitable for assignment to complexity bands 1 to 3, including personal injury claims with serious issues of fact or law.
What is the significance of the trial duration in determining the complexity band?
The trial duration is significant as it helps categorize the claim; for example, Complexity Band 1 requires the trial to not last longer than one day.
List the types of claims that may be included in Complexity Band 1.
Types of claims in Complexity Band 1 include personal injury claims where liability or quantum is in dispute, road traffic accident-related non-personal injury claims, and defended debt claims.
Describe the requirements for parties in the directions questionnaire regarding complexity bands.
Parties must state either the agreed complexity band or, in case of a dispute, the complexity band they consider appropriate.
What must parties do regarding directions before a CMC?
Parties must endeavor to agree on appropriate directions and submit them to the court 7 days in advance of the CMC.
When should the trial of an intermediate track case take place?
The trial of an intermediate track case should take place within 30 weeks of allocation.
What discretion do judges have regarding complex cases valued under £100,000?
Judges can allocate more complex cases valued under £100,000 to the multi-track to prevent them from being inappropriately captured by the extended fixed recoverable costs regime.
Define the role of the court in fixing a CMC according to the CPR.
The CPR states that the court shall fix a CMC, but there is a proposal to allow the court to have discretion in this matter.
When must pre-trial checklists be filed in fast track cases?
Pre-trial checklists must be filed at court within 22 weeks of notice of allocation.
Define the key features of the small claims track.
The key features include abbreviated directions, fewer formalities, and very limited costs recovery.
How do the features of the small claims track affect litigants?
The features encourage litigants to represent themselves without a solicitor or barrister due to the simplified process and limited costs.
Explain the significance of the £1,500 limit in personal injury cases within the small claims track.
The £1,500 limit indicates that personal injury cases with damages below this amount are typically handled in the small claims track, although there are different limits for road traffic accident injuries.
Describe the filing requirements for parties before the main hearing in small claims track cases.
Parties must file and serve copies of documents they intend to rely upon no later than 14 days before the main hearing.
How much notice is typically given for the hearing date in small claims track cases?
At least 21 days’ notice is usually given for the hearing date.
How many weeks are typically allowed for disclosure in fast track cases?
The direction for disclosure in fast track cases is generally set for 4 weeks after notice of allocation.
What is the timeline for exchanging witness statements in fast track cases?
Witness statements are typically exchanged within 10 weeks of notice of allocation.
What is the deadline for exchanging experts’ reports in fast track cases?
Experts’ reports should be exchanged within 14 weeks of notice of allocation.
Describe the cost recovery process in the small claims track.
The court will rarely order one party to pay costs to the other party, except for very limited fixed costs, court fees, and witness expenses.
What is the maximum duration for fast track trials?
Fast track trials usually last no longer than one day.
Where are fast track trials typically held?
Fast track trials are usually held in the County Court.
What limitations are there on oral evidence in fast track trials?
Fast track trials may have no opening speeches and limited oral evidence.
How long after notice of allocation is the trial date fixed in fast track cases?
The trial date is typically fixed within 30 weeks of notice of allocation.
Define the limits on expert involvement in fast track cases.
There are limits on the number of experts allowed, with Single Joint Experts (SJE) being preferred.
How long does a trial in the fast track typically last?
A trial in the fast track lasts no longer than 1 day.
What type of costs apply to trials in fast track cases?
Fixed costs apply to trials in fast track cases.
Discuss the implications of a case being classified as complex in the fast track.
If a case is classified as complex, it may be assigned to a higher complexity band, which can affect the level of fixed costs that can be recovered by the Claimant.
Define the consequences of a defense that denies a claim without providing reasons.
A defense that simply denies a claim without any explanation is considered incoherent and violates legal rules, potentially leading to the dismissal of the defense.
Explain the role of costs in obtaining judgment after a strike out.
The other party can obtain judgment with costs, meaning they may be awarded expenses incurred due to the non-compliance of the other party.
In what situation might an application to court be required after a statement of case is struck out?
An application to court may be required in rare occasions, rather than just filing a simple request.
Define the term ‘strike out’ in the context of court orders.
‘Strike out’ refers to the court’s action of removing a party’s statement of case due to non-compliance with a court order.
Explain the significance of ensuring compliance with court orders in legal cases.
Ensuring compliance is crucial as it affects the conduct of the claim or defense and the overall fairness of the legal proceedings.
Define what is meant by ‘failure to comply’ in the context of legal proceedings.
Failure to comply refers to not adhering to rules, practice directions, or court orders, such as late document service, not attending court, or being unprepared for hearings.
How does the court typically respond to technical breaches of rules in legal cases?
The court is more likely to impose a lesser sanction rather than striking out a statement of case, especially if a fair hearing can still occur.
What can be considered an abuse of the court’s process regarding statements of case?
A statement of case that discloses no reasonable ground may be considered an abuse of the court’s process.
How does the court view claims that obstruct just disposal of proceedings?
The court considers claims that are vexatious or obviously ill-founded as obstructing just disposal, looking at all circumstances of the case.
Describe an example of abuse of process.
An example of abuse of process is a vexatious litigant, who commences a claim with no intention of taking the case further, misusing court procedures.
Describe the court’s power to strike out a statement of case.
The court may strike out the whole or part of a statement of case on its own initiative or upon a party’s application, typically around the allocation or case management stage.
How should a claim be properly articulated in a statement of case?
A claim should include specific details such as the amount owed and the circumstances surrounding the debt, including duty, breach, and causation.
Describe the grounds for strike out according to CPR 3.4(2).
The grounds for strike out include: a) the statement of case discloses no reasonable ground for bringing or defending the claim; b) the statement of case is an abuse of the court’s process or likely to obstruct the just disposal of proceedings; c) there has been a failure to comply with a rule, practice direction, or court order.
How does summary judgment differ from strike out in terms of case strength?
Summary judgment deals with cases that are weak on the facts, while strike out pertains to the legal validity of the claim or defense presented.
Explain the implications of a strike out for a case.
A strike out can include the deletion of the entire statement of case, effectively ending the case.
What alternatives exist to striking out a statement of case?
Alternatives include requiring the party at fault to amend its statement of case or imposing sanctions such as an adverse costs order for failure to comply with previous court orders.
Define ‘strike out’ in the context of court proceedings.
Strike out refers to the deletion of written material from a statement of case so that it cannot be relied on in the proceedings by any party.
What is the purpose of striking out a statement of case?
Strike out is designed to target cases that are inadequately drafted or are otherwise an abuse of the court process.
How should applications for striking out be made?
Applications should be made as soon as possible and preferably before allocation.
Define the exception to the general rule regarding time extensions.
The exception states that if a rule, practice direction, or court order requires a party to do something within a specified time and specifies the consequence for failure to comply, the time for doing the act may not be extended by agreement between the parties.
Define the Denton principles in the context of setting aside default judgment.
The Denton principles guide the court’s decision-making process when determining whether to grant relief from sanctions or set aside default judgment.
Describe the relationship between an application to set aside default judgment and relief from sanctions.
An application to set aside default judgment is treated as an application for relief from sanctions when the defendant relies on the discretionary ground to set aside judgment in default.
Illustrate an example of an in-time application in litigation.
An example of an in-time application is when a party requests an extension of time to take a specific step in litigation before the deadline has passed.
What did the court decline to provide in stage two regarding reasons for non-compliance?
The court declined to give specific examples of good and bad reasons for failure to comply with rules, practice directions, or court orders.
What must the court consider if a breach is deemed serious or significant?
If the breach is serious or significant, the court must consider why the default occurred.
Describe the approach the Court of Appeal set for applications for relief from sanctions.
The approach consists of three stages:
- Identify and assess the seriousness and significance of the failure to comply with the relevant rule, practice direction, or court order. If the breach is neither serious nor significant, relief should be granted.
- If the breach is serious or significant, consider why the default occurred.
- Evaluate all circumstances of the case to ensure just handling, giving weight to CPR 3.9 requirements regarding efficient litigation and compliance enforcement.
What must an application for relief from sanctions be supported by?
An application for relief must be supported by evidence.
What happens if parties fail to comply with a specified time limit that includes consequences?
If a rule, practice direction, or court order specifies consequences for failure to comply, the time for doing the act may not be extended by agreement between the parties.
How can parties agree to extend time limits under certain conditions?
Parties can agree to an extension of time by prior written agreement for a maximum of 28 days, provided this does not risk any hearing date, unless the court orders otherwise.
How can sanctions be ordered on interest.
Sanctions can involve reducing the interest payable to the claimant as a penalty imposed on the claimant.
Explain the significance of sanctions imposed by the CPR.
Sanctions imposed by the CPR serve to enforce compliance with procedural rules and ensure fairness in legal proceedings.
What happens if a party fails to file a costs budget under CPR?
If a party fails to file a costs budget, it will be treated as having only filed a costs budget of applicable fees, according to CPR 3.14.
Define the consequence of failing to disclose an expert report according to CPR.
Failure to disclose an expert report prevents a party from using that report at trial, as per CPR 35.13.
How does the CPR impose automatic sanctions for default?
The CPR includes provisions that automatically impose sanctions for defaults, such as preventing a party from using an expert report at trial if it was not disclosed (CPR 35.13) and treating a failure to file a costs budget as if only a budget of applicable fees was filed (CPR 3.14).
Provide an example of an unless order.
An example of an unless order is: ‘unless the defendant serves its list of documents at or before [time and date], its defence will be struck out and judgment entered for the claimant.’
How must an unless order be specified according to CPR 2.9?
An unless order must specify the date and time by which the required act must be completed.
Define an unless order in the context of court sanctions.
An unless order is a court order that provides for an automatic sanction if there is non-compliance with the order.
Explain how costs can be affected by sanctions.
Sanctions may require the defendant to pay costs on an indemnity basis rather than the standard basis.
What is the consequence of not producing a disclosure report in multi-track cases?
Failing to produce a disclosure report may hinder the case’s progress and could lead to sanctions or adverse inferences by the court.
Explain the significance of adapting model directions in multi-track cases.
Adapting model directions is significant because it allows for customization to fit the unique circumstances of each case, ensuring that the directions are relevant and effective.
Describe the outcome when parties agree on directions for case management.
The court may ‘vacate’ the Case Management Conference (CMC), effectively canceling it.
What happens if parties cannot agree on directions during a CMC?
The CMC will be used for the court to provide directions.
What role does the court play in a CMC when directions are not agreed upon?
The court takes on the role of providing directions to the parties during the CMC.
Describe the requirements for a disclosure report in multi-track cases.
Both parties must produce a disclosure report at least 14 days before the first CMC, unless the claim includes personal injury. The report must be verified by a statement of truth and include descriptions of relevant documents, their locations, storage methods for electronic documents, estimated costs for standard disclosure, and the disclosure directions sought.
How many days before the first CMC must the disclosure report be filed and served?
The disclosure report must be filed and served not less than 14 days before the first CMC.
List the key components that must be included in the disclosure report.
The key components include: (a) a brief description of relevant documents, (b) their locations, (c) storage methods for electronic documents, (d) estimated costs for standard disclosure, and (e) the disclosure directions sought.
Explain the significance of the statement of truth in the disclosure report.
The statement of truth verifies that the information provided in the disclosure report is accurate and truthful, ensuring accountability from the parties involved.
How can parties access standard directions and model paragraphs for multi-track cases?
Parties can access the standard directions and model paragraphs on the Ministry of Justice website at www.justice.gov.uk.
Describe the purpose of the disclosure report in the context of the Jackson reforms.
The disclosure report is part of the strategy to keep the costs of disclosure in multi-track claims proportionate to the matters in dispute.
How should parties handle electronic documents during the disclosure process?
Parties should consider using the Electronic Documents Questionnaire (EDQ) in Form N264 for disclosing electronic documents.
Define the relationship between the EDQ and the Disclosure Report.
The EDQ needs to be filed with the Disclosure Report even if it has already been exchanged.
Identify the forms associated with the disclosure process mentioned in the content.
The forms associated are Form N263 for the disclosure report and Form N264 for the Electronic Documents Questionnaire.
Describe the purpose of a case summary in court proceedings.
A case summary is a short document, not exceeding 500 words, prepared by the claimant to assist the court in understanding and dealing with the issues raised in a case.
What should a case summary include?
A case summary should include a chronology of the claim, factual issues that are agreed upon and those in dispute, and the nature of the evidence needed to resolve these issues.
How should parties approach the preparation of a case summary?
Parties are required to consider whether a case summary will be useful at the CMC and should ideally agree on its content with other parties.
Discuss the importance of witness statements in a CMC.
Witness statements are important as they provide factual evidence that supports the claims or defenses in the case, helping the court to establish the facts.
What are the likely next steps if a case is allocated to the multi-track?
The likely next steps include case management on the multi-track, the court giving directions, or convening a case management conference (CMC).
Explain what a case management conference (CMC) is.
A case management conference (CMC) is a hearing, either by telephone or face to face, to determine the future conduct of the case.
How does the complexity of a case affect the directions given in multi-track cases?
In less complex cases or where parties have agreed directions at the time of filing their directions questionnaires, the court is more likely to give directions.
Describe the purpose of a Case Management Conference (CMC).
A CMC is intended to ensure that the real issues between the parties are identified and understood by both the parties and the court, and to see if these issues can be narrowed before trial.
What steps are assessed during a CMC?
The steps assessed during a CMC include the steps the parties have already taken, the position they have reached in the litigation, and the suitability of the case for settlement.
What financial aspect is evaluated during a CMC?
The estimated costs of litigation and whether these costs are proportionate to the case are evaluated during a CMC.
Describe the considerations a court makes at a Case Management Conference (CMC).
The court considers whether the claim is clear, if any statements of case need amending, what disclosure is required, what expert evidence is needed and its timing, what factual evidence should be provided, if further information is required, and whether a split trial or preliminary issues trial would be just and cost-effective.
Explain the significance of amending statements of case during a CMC.
Amending statements of case is significant as it ensures that all parties have a clear understanding of the claims and defenses, which can affect the direction and outcome of the case.
Describe the range of cases covered by multi-track cases.
Multi-track cases cover a range of disputes from simple cases just over £100,000 to very large claims involving millions of pounds.
Describe the consequences of a representative not attending a CMC.
If a representative does not attend the CMC and it is postponed, it may lead to a wasted costs order, which is a costs order payable by the solicitor instead of the client.
What authority must a legal representative have at a CMC?
A legal representative must have sufficient authority to deal with issues such as discussing directions and identifying issues.
Describe the timeline for filing a draft directions disclosure report before the first CMC.
A draft directions disclosure report must be filed not less than 14 days before the first Case Management Conference (CMC).
How many days before any CMC should applications be submitted?
Applications should be submitted at least 7 days before any Case Management Conference (CMC).
What documents may be included in the bundle for a CMC?
The bundle for a CMC may include electronic documents, a questionnaire, and/or a case summary.
Explain the significance of the product of a CMC.
The product of a CMC includes the outcomes and directions established during the conference, which guide the further proceedings of the case.
How does the requirement for submitting directions before a CMC enhance the process in multi-track cases?
Agreed directions or proposed directions must be submitted to court at least seven days before any CMC, which helps streamline the process and ensures that the court has adequate time to consider them.
Discuss the role of contingencies in a costs budget.
Contingencies in a costs budget represent anticipated expenses that may arise but are not guaranteed, allowing for flexibility in financial planning.
What types of documents may be included in the bundle for the CMC?
The bundle for the CMC may include electronic documents, questionnaires, and case summaries.
How many days before the first CMC must the budget be submitted?
The budget must be submitted not later than 21 days before the first CMC.
Describe the timeline for submitting a disclosure report before the first CMC.
The disclosure report must be submitted not less than 14 days before the first Costs and Case Management Conference (CMC).
Describe the consequence of failing to file a costs budget in court.
A party that fails to file a costs budget will be automatically treated as having filed a budget that only includes the applicable court fees, unless the court orders otherwise.
Explain the limitations on revising costs budgets in litigation.
Revisions to costs budgets are only allowed for significant developments in the litigation, not for correcting inadequacies or mistakes made in the initial preparation of the costs budget.
Describe the process for revising a party’s budget in litigation when significant developments occur.
An amended budget should be submitted to the other parties for agreement if possible, using a form prescribed for variations (‘Precedent T’). The amended budget then needs to be submitted to court for consideration.
Define the role of a statement of reasons in the context of costs assessment without a costs management order.
A statement of reasons is required from the receiving party when there is a significant difference (20% or more) between claimed costs and budgeted costs.
What may happen if the paying party reasonably relied on the budget during a costs assessment?
The court may reduce the recoverable sum if the paying party reasonably relied on the budget.
What is a fundamental principle regarding cost recovery in relation to incurred costs?
A fundamental principle is that a party cannot recover a greater sum for costs from an opponent than it has actually incurred.
How does the court handle agreed costs budgets in a CMO?
Agreed figures in a costs budget cannot be changed by the court.
Describe the purpose of a costs management order (CMO).
A costs management order (CMO) is intended to ensure that budgeted costs fall within the range of reasonable and proportionate costs, and it records the extent to which costs budgets are agreed between the parties.
Explain the significance of agreeing on costs figures between parties.
Agreeing on costs figures helps streamline the litigation process and reduces the issues that need to be resolved by the court.
How does completing the budget discussion report benefit the court?
It enables the court to focus on the parts of the costs budget where there is disagreement between the parties.
What is the deadline for filing and exchanging budget discussion reports?
The deadline is no later than seven days before the first Case Management Conference (CMC).
Identify cases where the costs management regime does not apply.
The regime does not apply to small claims track, fast track, or intermediate track claims, claims for £10 million or more commenced on or after 22 April 2014, unquantified monetary claims or non-monetary claims valued at £10 million or more, claims by individuals under 18 commenced after 6 April 2016, and claims subject to fixed or scale costs.
What happens to costs incurred prior to the production of the costs budget?
Costs incurred prior to the production of the costs budget cannot be altered by the court and are treated differently from budgeted costs.
Explain the requirements for parties when the claim value is less than £50,000.
If the monetary value of the claim is less than £50,000 or the budgeted costs do not exceed £25,000, parties are only required to use the first page of Precedent H.
Define Precedent H in the context of costs budgeting.
Precedent H is a prescribed form used for costs budgeting that requires practitioners to outline assumptions and potential contingencies related to the budget.
How are solicitor’s fees determined in relation to the retainer?
Solicitor’s fees are governed by the retainer, which is the contract between the solicitor and client, and do not need to align with recoverable costs.
What is included in a budget according to the CPR Glossary?
A budget includes an estimate of reasonable and proportionate costs, which encompasses disbursements.
When should budgets be filed according to CPR 3.13(1)(b)?
Budgets should be filed when the stated value of the claim is less than £50,000, with the parties’ directions questionnaires, or in any other case 21 days before the first Case Management Conference (CMC).
Define a costs management order.
A costs management order is a provisional indication by the court of what should be considered reasonable and proportionate costs in any later assessment proceedings.
What are budget discussion reports and when are they typically filed and exchanged?
Budget discussion reports record extent to which the parties have agreed budgets. They are filed and exchanged usually seven days before the first Case Management Conference (CMC).
How are budgets exchanged in the costs management process?
Budgets are filed and exchanged usually 21 days before the first Case Management Conference (CMC).
Describe the purpose of budgets in the costs management regime.
Budgets serve as estimates of future costs that parties prepare, file, and exchange before the first Case Management Conference (CMC).
How does a claimant’s life expectancy affect the costs management regime?
If a claimant has a limited or severely impaired life expectancy of 5 years or less, the court may disapply the costs management regime even if it would normally apply.
What are fixed costs or scale costs in the context of the costs management regime?
Fixed costs or scale costs refer to predetermined costs that apply to certain claims, which are exceptions to the costs management regime.
Explain the implications of claims made by individuals under 18 regarding the costs management regime.
Claims made by or on behalf of a person under the age of 18 after 6 April 2016 are exempt from the costs management regime.
How can the court modify the application of the costs management regime?
The court can disapply the costs management regime even when it would normally apply, or require compliance with the regime even when it would not normally apply.
