Case Management And Sanctions

Question 1

Varying time in cases by the parties

Answer 1

Unless the rules or a practice direction provide otherwise the time specified may be varied by the written agreement of the parties.

Question 2

The courts powers to manage cases

Answer 2

The court may:
extend or shorten the time for compliance
Adjourn or bring forward a hearing
Request legal representatives to attend the court
Receive evidence or conduct via telephone
Direct that part of the proceedings be dealt with as separate
Etc

The court may order a party to pay a sum of money into court if that party has without good reason failed to comply with the rules, practice direction or pre-action protocol.

Question 3

Case management of unrepresented parties

Answer 3

When drafting directions in multitrack and fast track take as the starting point any relevant standard directions which can be found online.

Question 4

Courts power to make an order of its own initiative

Answer 4

Except where a rule or other enactment provides otherwise the court may exercise its powers on an application or of its own initiative.

If so, it will give any person likely to be affected an opportunity to make representations and it must specify the time and the manner in which the representations are to be made.

If the court wants to hold a hearing it must give each party affected at least three days notice.

The court can also make an order without hearing the parties or giving them the opportunity to make representations. If so the application must be made not more than seven days after the date on which the order was served.

If the court strikes out a statement of case or dismisses An application totally without merit the court must record it and consider civil restraint

Question 5

Power to strike out a statement of case

3 possible reasons

Answer 5

The court may strike out a statement of case it appears to the court:

1. The statement disclose is no reasonable grounds for bringing or defending the claim
2. The statement of case in abuse of the court process or is likely to obstruct the just disposal of proceedings
3. There has been a failure to comply with a rule, practice direction or court order.

Question 6

Judgement without trial after striking out

Answer 6

This applies where the court indicates that a party shall be struck out if they do not comply with the order and they fail to comply with it.

Party may obtain judgement with costs by filing request for judgement if it:
relates to the whole of a statement of case and
If it’s against C - Is a claim for a specified amount of money, amount to be decided by the court, delivery of goods where the claim form gives the defendant the alternative of paying their value.

Question 7

Sanctions have affect unless defaulting party obtains relief

Answer 7

Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

Question 8

Relief from sanctions

Answer 8

The court will consider all the circumstances of the case to enable it to deal justly with the application including:
•For litigation to be conducted efficiently and at proportionate cost
•To enforce compliance with the rules, practice directions and orders.

Question 9

DENTON

Answer 9

Three stages.
1. Identify and assess the seriousness and significance of the failure to comply against the rules etc.
If the breaches me the serious no significant the court is unlikely to need to spend much time on the second and third stages

2. Consider why the default occurred.
3. Evaluate all the circumstances of the case so as to enable the court to deal justly with the application.

Question 10

Courts powers to rectify if there has been an error of procedure

Answer 10

Where there has been an error of procedure the error does not invalidate any step taken in the proceedings unless the court so orders and the court may make an order to remedy the error.

Question 11

Costs management - where courts can manage

Answer 11

Where the claim is commenced on or after the 22nd of April 2014 and the amount of money claimed is £10 million or more or same date and is not for a monetary claim but value is same OR

Where in proceedings commenced on or after the 6th of April 16 is made by or on behalf of person under the age of 18.

Question 12

Filing and exchanging budgets

Answer 12

All parties except litigants in person must file and exchange budgets where the stated value is less than £50,000. If so the parties must file an agreed budget discussion report no later than seven days before the case management conference.

OR not later than 21 days before the first case management conference.

Question 13

Failure to file a budget

Answer 13

Failure to file a budget Means that the party will be treated as having filed a budget compromising only the applicable court fees

Question 14

Costs management orders

Answer 14

The court may at any time make a costs management order

Question 15

Cost management conferences

Answer 15

Any hearing convene solely for the purpose of costs management is a cost management conference and they should be conducted by telephone or in writing where practicable.

Question 16

Courts to have regard to budgets and to take account of costs

Answer 16

When making a case management decision the court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step

Question 17

How many tracks?

Answer 17

Small claims track, fast track and multitrack.

Question 18

Directions questionnaire

Answer 18

If a defence has been filed the court will decide the track and serve on each party a notice of proposed allocation

Question 19

Stay to allow settlement of case

Answer 19

A party May when filing the completed directions questionnaire make a written request for the proceedings to be stayed whilst the parties try to settle the case.

They will be stayed for one month. If settlement is reached the claimant must inform the court.

The court may extend it.

Question 20

Allocation

Answer 20

The court will allocate the claim when all parties have filed their direction questionnaires or when giving directions.

If the court has stayed the claim, it will allocate the claim at the end of that period.

The court may seek further information from a party or hold a hearing to decide.

Question 21

Small claims

Answer 21

The small claims track is for any claims of personal injury where the entire claim is not more than 10k and PI damages not more than 1K

Will be in county court.

Question 22

Fast track

Answer 22

Is the normal track for claims are valued between £10,000 and £25,000.

Also if the trial is likely to last for no longer than one day and one expert per party in relation to any expert field.

Will be in county court.

Question 23

Multi track

Answer 23

The multitrack is the normal track for any claim not allocated to either the small claims or Fast track.

Claims on the multitrack will be in either the County Court or the High Court.

Question 24

Fast track directions

Answer 24

Directions may include disclosure of documents, service of witness statements and expert evidence.

Question 25

Variation of case management timetable - fast track

Answer 25

A party must apply to the court if he wishes to vary the date which the court has fixed for a pre-trial checklist the trial or the trial period.