Case management

Question 1

What CPR deals with the court’s case management powers?

Answer 1

CPR 3.1

Question 2

When do the powers of management apply?

Answer 2

When a party is unrepresented

Question 3

What must the court take into account with their powers?

Answer 3

1. that the party is unrepresented

2. Adopt procedures to further the OO

Question 4

Where must both parties and court start when drafting case management directions? And in what track?

Answer 4

Start at the relevant standard directions and adapt them as appropriate.
Multi-track and fast-track

Question 5

Does the court have the power to make orders of its own initiative?

Answer 5

YES!

Question 6

What are the two ways a court can exercise its power?

Answer 6

with and without a hearing

Question 7

What happens when a court exercises its power WITH a hearing?

Answer 7

MAY give person affected to make representations, specifying time and manner
MUST give 3 days’ notice of the hearing.

Question 8

What must the order contain when initiative without hearing is conducted?

Answer 8

statement of the right and may apply to have it set aside, varied or stayed.

Question 9

When must an application to set aside, vary or stayed be made?

Answer 9

any time specified by the court, if not specified, then no more than 7 days’ on which the order was served

Question 10

What happens when from a court’s initiative strikes out a statement of the case or dismisses an application that’s considered totally with out merit?

Answer 10

the court’s order must record that fact

the court must consider where it is appropriate to make a civil restraint order

Question 11

When does the court have the power to rectify?

Answer 11

When there has been a error of procedure, such as failure to comply with rule or PD.

Question 12

What affect would the error have?

Answer 12

Does not invalidate any steps taken in the proceedings unless the court so orders and the court can remedy this error.

Question 13

How can the time limits vary between parties? And how long?

Answer 13

it can be extended by prior written agreement between the parties by up to 28 days as long no hearing date is put at risk.

Question 14

What CPR is for variation of case management timetable for fast track cases?

Answer 14

CPR 28.4

Question 15

What CPR is for variation of case management timetable for multi-track cases?

Answer 15

CPR 29.5