Case Management and Striking Out Flashcards
What is the main purpose of case management in civil litigation?
A. To allow parties to present unlimited evidence freely
B. To delay proceedings until trial is ready
C. To ensure only legal representatives can act in court
D. To ensure cases proceed fairly, efficiently and at proportionate cost
D. To ensure cases proceed fairly, efficiently and at proportionate cost
Explanation:
Case management helps the court control the way a case progresses, making sure it is resolved justly, efficiently, and without unnecessary expense, in line with the overriding objective under CPR 1.1.
Which of the following best describes the court’s role in giving directions?
A. The court gives directions only at the end of trial
B. The court gives directions to delay evidence gathering
C. The court gives directions to set a timetable for the exchange of evidence
D. The court gives directions only when requested by both parties
C. The court gives directions to set a timetable for the exchange of evidence
Explanation:
After statements of case are exchanged, the court sets directions (deadlines) for disclosure, witness evidence, and expert reports to help manage the case fairly and efficiently.
Why is evidence usually exchanged in stages during case management?
A. To increase the overall cost of litigation
B. To help parties prepare effectively and encourage settlement
C. To delay the case before it reaches trial
D. To ensure the judge sees all evidence before directions are given
B. To help parties prepare effectively and encourage settlement
Explanation:
Staged evidence exchange (documents, then witness statements, then expert reports) helps structure the case logically and allows parties to consider settlement at appropriate stages.
When can the court begin actively managing a case?
A. Once the defendant has paid the claimant’s costs
B. Once the trial begins
C. Once the statements of case are filed and served
D. Only when both parties apply for directions
C. Once the statements of case are filed and served
Explanation:
Case management begins after statements of case (e.g. claim form, defence) are filed and served. This allows the court to identify issues and begin managing the next steps.
Which factor is most important when the court allocates a case to a particular track?
A. Whether the parties have legal representation
B. Whether the claim is listed in a Practice Direction
C. The financial value and complexity of the claim
D. Whether the parties agree on all issues
C. The financial value and complexity of the claim
Explanation:
The court allocates a case to one of four tracks (small claims, fast track, intermediate, multi-track) based mainly on the claim’s value and complexity, as set out in CPR 26.
What is the purpose of the court’s general case management powers under CPR 3.1?
A. To allow parties to control the litigation process themselves
B. To streamline court staffing procedures
C. To ensure the court can actively manage cases and apply the overriding objective
D. To enforce criminal sanctions
C. To ensure the court can actively manage cases and apply the overriding objective
Explanation: The court’s powers under CPR 3.1 are used to take steps like staying proceedings, adjusting deadlines, and managing costs to ensure efficient, fair, and proportionate litigation.
A judge notices that a party has failed to exchange documents by the court-ordered deadline. What case management power can the court use under CPR 3.3?
A. Require the party to file a default judgment
B. Vary the pleadings
C. Act on its own initiative to impose a sanction
D. Refer the matter to arbitration
C. Act on its own initiative to impose a sanction
Explanation: CPR 3.3 allows the court to act on its own initiative (without a party’s application), for example, to issue an unless order or apply a strike-out sanction.
Which of the following is NOT a valid ground for strike out under CPR 3.4?
A. A party has filed a costs budget late
B. A statement of case contains only a bare assertion
C. A claim is obviously ill-founded
D. A defence lacks explanation and coherence
A. A party has filed a costs budget late
Explanation: Late filing of a costs budget may trigger sanctions, but it is not itself a ground for strike out. Grounds include no reasonable cause of action, abuse of process, or failure to comply with court rules or orders.
What is the key distinction between strike out and summary judgment?
A. Summary judgment can only be brought after trial
B. Strike out deals with factual weakness, not legal sufficiency
C. Strike out concerns pleadings; summary judgment concerns evidence
D. There is no distinction
C. Strike out concerns pleadings; summary judgment concerns evidence
Explanation: Strike out targets defective statements of case. Summary judgment is used when there is no real prospect of success based on evidence, not simply bad pleading.
A claimant files particulars of claim that simply state “the defendant owes £5,000” with no factual explanation. What is the most appropriate case management step?
A. Issue a costs order against the claimant
B. Apply for summary judgment
C. Apply to strike out the statement of case
D. Issue a directions questionnaire
C. Apply to strike out the statement of case
Explanation: This is a classic case of no reasonable grounds for bringing a claim, which falls under CPR 3.4(2)(a).
If the court makes an order of its own initiative without a hearing, what must it do?
A. Nothing further is required
B. It must immediately notify the Ministry of Justice
C. It must hold a directions hearing the same day
D. It must allow the parties a right to apply to vary, stay or set aside
D. It must allow the parties a right to apply to vary, stay or set aside
Explanation: This is a safeguard in CPR 3.3 to ensure fairness when the court acts without input from the parties.
A claimant repeatedly fails to attend hearings and has ignored multiple court directions. What is the most appropriate remedy available to the court?
A. Award costs against the defendant
B. Apply for summary judgment
C. Make an interim payment order
D. Strike out the claim for failure to comply
D. Strike out the claim for failure to comply
Explanation: Under CPR 3.4(2)(c), consistent failure to comply with rules or orders justifies strike out.
Which of the following is true regarding abuse of process under CPR 3.4(2)(b)?
A. It applies only to criminal cases
B. It is strictly defined in CPR
C. It includes vexatious or ill-founded claims
D. It cannot overlap with other grounds for strike out
C. It includes vexatious or ill-founded claims
Explanation: Abuse of process includes using the court system for an improper purpose or launching repeated hopeless claims.
If a party’s statement of case is struck out in full, what may the other party request?
A. An extension of time for disclosure
B. A reallocation to small claims track
C. Immediate judgment with costs
D. A retrial of the issue
C. Immediate judgment with costs
Explanation: If a statement of case is struck out, the opposing party can generally request judgment without making an application.
A defendant applies to strike out a claimant’s statement of case on the basis that it consists only of vague and incoherent denials with no factual basis. Which ground for strike out is most appropriate?
A. The statement of case discloses no reasonable grounds for bringing or defending the claim
B. The court does not have jurisdiction
C. The claim has already been decided by another court
D. The claimant failed to pay court fees
A. The statement of case discloses no reasonable grounds for bringing or defending the claim
Explanation: A vague or incoherent pleading that lacks essential facts to support a legal claim or defence is vulnerable to strike out under CPR 3.4(2)(a).
