Case Management

Question 1

What does CPR 1.4 provide

Answer 1

The court’s duty to manage cases

Question 2

Where do you find the court’s powers to manage cases and costs?

Answer 2

CPR 3.1

Question 3

What power does CPR 3.1(2)(m) give the court?

Answer 3

A general sweep-up provision allowing the court to take any other step or make other order from the purpose of managing the case and furthering the overriding objective.

Question 4

What does CPR 3.3 give?

Answer 4

The court’s power to make an order of its own initiative.

This means without either party taking any steps, the court court provide new directions or terminate a case.

Question 5

When would you use CPR 3.3(5)?

Answer 5

When the court makes an order of its own initiative without a hearing and without giving the parties the opportunity to make representations, the court will include a statement in the order that the parties have a right to apply to set aside, stay or vary the order within a given period

Question 6

When do you have to make the application to set aside, stay or vary the order that the court gives?

Answer 6

Within 7 days of the date on which the order was served on the party.

Question 7

What does CPR 3.4 give the court?

Answer 7

The power to strike out the whole or part of a statement of case.

The court may exercise this power of its own initiative or on the application of a party.

It would only be used in cases where there is no point in having a trial on the issues.

Question 8

What does CPR 24 provide?

Answer 8

The court’s power to give summary judgement.

It is aimed at cases which are weak on the facts and have no real prospect of succeeding.

Question 9

What are the grounds for the court to strike out the whole or part of a statement of case and where in the CPR can you find them?

Answer 9

CPR 3.4(2)

(a) it discloses no reasonable grounds for brining or defending the claim
(b) it is an abuse of the court’s process or otherwise likely to obstruct the just disposal of proceedings
(c) there has been a failure to comply with a rule, practice direction or court order.

Question 10

Examples where statements of case would be struck out under ‘no reasonable grounds for brining/defending claim’

Answer 10

• Claims that set out no facts indicating what the claim is about - not explaining how and why a debt arose. Lacking in information about duty, breach and causation.
• Claims that do not set out any legally recognisable claim / cause of cation
• Defences which states that the claim is denied without providing any reasons for that denial - contrary to CPR 16.5(2)
• Statements of case which do not make sense

Question 11

Where can you find a legal authority for defining ‘misuse of procedure’

Answer 11

AG v Barker 2000

Question 12

When would you invoke the ground of ‘abuse of process’ to strike out a statement of case?

Answer 12

Where a litigant has been shown to be vexatious.

To commence a claim with no intention of taking the case further, this is not using court procedure for the purpose for which it was designed.

Question 13

What does CPR 3.1(3)(a) provide?

Answer 13

Making an order subject to conditions, including a condition to pay money into court.

Question 14

What does CPR 3.1(3)(b) provide?

Answer 14

Specifying the consequences of failure to comply with an order or condition

Question 15

What does CPR 3.1(4) provide?

Answer 15

When giving directions, taking into account whether or not a party has complied with any relevant pre-action protocol

Question 16

What does CPR 3.1(5) provide?

Answer 16

Ordering a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or relevant pre-action protocol.

Question 17

What additional powers do the court have?

Answer 17

• To make a costs order against a party
• To prevent a party from adducing evidence on an issue
• To limit interest on a claim or increase the amount of interest payable.

Question 18

What does CPR 35.13 provide?

Answer 18

Where failure to disclose an expert report prevents a party from using that report at trial

This is one of the automatic sanctions for default.

Question 19

What are the 4 sanctions available for non-compliance with a pre-action protocol?

Answer 19

1. the party at fault pay the costs of the other party of the proceedings (or party of proceedings)
2. The party at fault pay the costs of the proceedings on an indemnity basis
3. if the party at fault is the claimant, deprive them of or reduce the rate of interest on damages awarded to them
4. if the party at fault is the defendant, award the interest payable to the claimant at a higher rate (not exceeding 10% above base rate)

Question 20

What does CPR 3.8(3) and (4) say about an unless order?

Answer 20

The unless order may only be extended by prior written agreement between the parties for up to 28 days provided that such extensions does not put at risk a hearing date.

Question 21

What does CPR 2.9 say about an unless order?

Answer 21

The unless order must specify the date and time within which the act must be done.

Question 22

What does CPR 29.5(1)(a) provide?

Answer 22

If the parties wish to vary the date for a case management conference in a multi-track case an application has to be made to the court.

Question 23

What does CPR 3.14 provide?

Answer 23

Failure to file a costs budget on the date required by the court ‘will be treated as having filed a budget comprising only the applicable court fees’.

Question 24

What are examples of triviality in non-compliance?

Answer 24

Where there has been a failure of form rather than substance; or where the party has narrowly missed the deadline imposed by the order, but has otherwise fully complied with its terms.

Question 25

According to Denton, what is the current approach to applications for relief from sanctions?

Answer 25

1. Identify and assess the seriousness and significance of the failure to comply with the relevant rule, practice direction or court order which engages CPR 3.9(1)

If the breach is neither serious nor significant, then relief should be granted. This is the major change to Mitchell.

2. If the breach is serious or significant, consider why the default occurred.
3. Having considered the reason for the default the court should then evaluate all the circumstances of the case to ensure that the court deals with the matter justly, but with particular weight to be given to the requirements under CPR 3.9 that (a) litigation must be conducted efficiently and at proportionate cost and (b) the court must enforce compliance with rules, practice directions and orders.

Question 26

What did the Court of Appeal say in Denton when considering whether a breach has been serious or significant?

Answer 26

Whether it has imperilled future hearing dates or otherwise disrupted the conduct of the litigation.