Case management

Question 1

What do judges manage cases based on?

Answer 1

The OO

Question 2

What can judges do regarding compliance time?

Answer 2

Extent/shorten time for compliance

Question 3

What can judges do with hearings?

Answer 3

Adjourn hearings or bring them forward

Judges can postpone or reschedule hearings as necessary.

Question 4

What does it mean to stay part of proceedings?

Answer 4

To temporarily halt part of the court’s process

A stay can be applied to specific aspects of a case for various reasons.

Question 5

What can judges require a party to do in court?

Answer 5

Attend court

Judges can mandate the presence of a party in court for hearings or proceedings.

Question 6

What can judges order regarding costs budgets?

Answer 6

Order any party to file and serve a costs budget

A costs budget outlines the expected legal costs associated with a case.

Question 7

What authority do judges have regarding orders?

Answer 7

Make orders of its own initiative

Judges can issue orders without a request from the parties involved.

Question 8

What right do parties have after an order is made?

Answer 8

Right to apply for the order to be set aside, stayed or varied

Question 9

What is the default period for a party to apply for an order to be set aside if not specified?

Answer 9

Seven days from the date on which the order was served

Question 10

What is the general process for allocation?

Answer 10

1. Defence filed
2. Court sends notice of proposed allocation
3. Parties file DQ and directions if the case has been provisionally filed to fast or multi-track
4. Court allocates (after a hearing if necessar) and serves notice of allocation
5. Court will give directions (small or fast) OR will fix a CMC (mult-track)

Question 11

Which claims go to the Small Claims Track?

Answer 11

Cases valued under £10,000 and PI claims of less than £10,000 if certain conditions apply

Question 12

What are the conditions for personal injury claims to be in the Small Claims Track?

Answer 12

Personal injury claims where value is <£10,000 AND PSLA damages are valued at:
- Road Traffic claims (accident before 31 May 2021, claimant is child or protected party, or claimant was riding a motorcycle) damages <£1,000
- Other road traffic claims < £5,000)
- Any other PI claim <£1,500

Question 13

What is the Fast Track?

Answer 13

Normal for claims <£25,000, with trials likely not lasting longer than one day and limited to one oral expert per party in no more than two expert fields.

Question 14

What is the Intermediate Track?

Answer 14

For claims valued between £25,000 and £100,000, with trials expected to last no more than 3 days and limited to two experts.

Question 15

What is the Multi-Track?

Answer 15

All other claims that do not fit into the Small Claims, Fast Track, or Intermediate Track.

Question 16

What is the Notice of Proposed Allocation?

Answer 16

A court document served on all parties requiring them to file and serve a Directions Questionnaire (DQ)
- Fast Track and Multi Track will also need to file Proposed Directions
- Claims under Costs Management Regime will also need to serve a costs budget and agreed budget discussion report

Question 17

What is the purpose of the Directions Questionnaire and which forms are used?

Answer 17

To enable the court to determine the appropriate track for the case
Form N180 for Small Claims Track
Form N181 for Fast Track and Multi-Track.

Question 18

What must parties confirm in the Directions Questionnaire regarding Pre-Action Protocol?

Answer 18

Parties must confirm whether they have complied with the Pre-Action Protocol (PAP).

Question 19

What is the section for Settlement in the Directions Questionnaire?

Answer 19

A section where parties may request a stay of proceedings to attempt settlement (legal representatives must also confirm they explained the need to consider settling)

Question 20

What happens if settlement is requested on the DQ?

Answer 20

The claim will be stayed for one month if all parties request a stay

Question 21

What information is requested regarding Disclosure in the Directions Questionnaire?

Answer 21

Parties are asked to provide case management information for future trial preparation.

Question 22

What must parties provide regarding Witnesses in the Directions Questionnaire?

Answer 22

Parties need to name witnesses they wish to call to trial and what they hope those witnesses will prove.

Question 23

What is required for Expert Evidence to be used at trial?

Answer 23

Parties need to obtain the court’s approval to use expert evidence.

Question 24

What must parties estimate regarding the Trial in the Directions Questionnaire?

Answer 24

Parties must estimate the time needed for trial and will consult counsel for this.

Question 25

What is required regarding Costs in Multi-Track cases in the automatic costs management?

Answer 25

Parties must file a costs budget in cases that fall within automatic costs management.

Question 26

What other matters must be addressed in the Directions Questionnaire?

Answer 26

Parties must indicate: - which court will hear the case - the track they believe the case should be allocated to - any past or intended interim applications - any other relevant facts.

Question 27

What happens after Directions Questionnaires are submitted?

Answer 27

The court will decide which track to use and send a notice of allocation to the parties.

Question 28

What factors does the court consider for track allocation?

Answer 28

Factors include: - nature of remedy - complexity of facts/law/evidence - number of parties - value of additional claims - amount of oral evidence needed - importance of claim to others - circumstances - views expressed

Question 29

What is the suggested timetable for Fast Track claims?

Answer 29

D files defense within 4 weeks of filing DQ and inspecting within 4 weeks of DQ Witness statements within 10 weeks Exchange of expert's report within 14 days Filing pre-trial checklist within 22 weeks Trial within 30 days. | DWEFT

Question 30

What is the suggested timetable for Multi-Track claims?

Answer 30

Parties must submit their own draft directions at least 7 days before the Case Management Conference (CMC).

Question 31

What are the usual directions in the Intermediate Track? (x4)

Answer 31

- Statements of Case are to be no longer than 10 pages; - Witness statements are limited to 30 pages; - Only one expert witness per party (two, if reasonably required and proportionate), with each expert report limited to 20 pages; - Oral evidence to be time-limited and directed to the matters identified at the Case Management Conference

Question 32

What happens if notice of proposed allocation indicates MT?

Answer 32

The court gives directions or a case management conference (CMC) is convened.

Question 33

What is the purpose of a case management conference (CMC)?

Answer 33

To ensure real issues between the parties are identified and understood.

Question 34

What will parties be tested on during a CMC? (x5)

Answer 34

Suitability of case for settlement, position reached in litigation, steps taken, compliance with previous directions/orders, estimated costs of litigation, and future steps.

Question 35

What issues are considered at a CMC?

Answer 35

- Whether the claim is clear and if the Statement of Case (SoC) needs to be amended - What disclosure or evidence is needed - Whether further information is needed - If splitting the trial into preliminary issues is just and cost-effective.

Question 36

What must legal representatives be familiar with during a CMC?

Answer 36

They must be familiar with the case and have the authority to deal with issues likely to arise.

Question 37

What obligation do parties have before a CMC?

Answer 37

Parties are under an express obligation to try to agree on directions before the CMC.

Question 38

What is the deadline for serving agreed directions before a CMC?

Answer 38

Agreed directions must be served at least 7 days before any CMC.

Question 39

What should parties use as a starting point for directions?

Answer 39

Parties must use model and standard directions as their starting point and adapt them as appropriate.

Question 40

What is required in a Disclosure Report?

Answer 40

It must briefly describe relevant documents and their location and be accompanied by a statement of truth

Question 41

When must the Disclosure Report be produced?

Answer 41

Not less than 14 days before the first CMC

Question 42

What should a Disclosure Report estimate?

Answer 42

It should estimate a broad range of costs involved with standard disclosure.

Question 43

What forms can be used for Disclosure Reports?

Answer 43

Form N263 can be used, and parties should consider using the Electronic Documents Questionnaire (EDQ) in Form N264.

Question 44

When is a disclosure report not needed?

Answer 44

In PI claims

Question 45

What are Case Summaries and what should they contain?

Answer 45

Parties should consider whether a Case Summary would be useful; it should contain a chronology of the claim, factual issues agreed and in dispute, and the nature of evidence needed.

Question 46

When should a party make an application to court?

Answer 46

An application should be made as soon as it becomes apparent that it is necessary or desirable, ideally at a CMC.

Question 47

Can CMCs occur at other stages?

Answer 47

Yes, CMCs can also be held at other stages to assess how the case is progressing.