Case Management, Costs And Disclosure

Question 1

What test is used to consider if relief should be given to someone who failed to comply with PD or PAP

Answer 1

Denton test

Question 2

What is the Denton test

Answer 2

Is the failure serious?
No- grant relief
Yes- consider why failure occurred (witness statements say this) and all circumstances of the case

Question 3

What is a capping order

Answer 3

An order to cap the amount of costs recoverable when a PD or PAP hasn’t been followed

Question 4

When do capping orders apply

Answer 4

From date of order. Not retrospective so apply ASAP/CMC

Question 5

Can a capping order be varied

Answer 5

If there has been a material and substantial change of circumstances or other compelling reason

Question 6

What will the court consider when deciding whether to grant a capping order

Answer 6

Substantial imbalance in financial positions of parties
Costs incurred so far
Stage proceedings have reached
Whether cost of determining cap are proportionate to overall cost of litigation

Question 7

When will a court make a costs capping order

Answer 7

It is in the interests of justice
Substantial risk that costs would be disproportionate and
This cannot be controlled by case management directions or detailed assessment of costs

Question 8

Steps after defence is served to allocate a track

Answer 8

Defence
Provisional allocation of track
28 days to return directions questionnaire
If not returned cc will strike out but other courts make strike out, make judgement, CMC or directions order

Question 9

How much is the small claims track

Answer 9

Less than £10k

Question 10

What procedures do not apply to the small claims track unless the court orders otherwise

Answer 10

Evidence 
Disclosure and inspection 
Experts and assessors 
Further info 
Offers to settle

Question 11

Are preliminary hearings held in the small claims track

Answer 11

Only in limited cases

Question 12

When are docs exchanged for the small claims track

Answer 12

14 days before hearing

Question 13

When should a case be listed in the fast track

Answer 13

Within 30 weeks of giving directions

Question 14

How long does a trial last in the fast track

Answer 14

1 day

Question 15

What value is the fast track

Answer 15

£10k - £25k

Question 16

What type of directions will the court give in the fast track

Answer 16

Standard directions without a hearing

Question 17

How many experts can parties have in the fast track

Answer 17

1 expert per party. Max of 2 fields

Question 18

If there is a claim and a counter claim which one determines the track allocations

Answer 18

The largest determines the track

Question 19

What if a party is unhappy with the track allocation

Answer 19

The party can appeal allocation or apply for re-allocation

Question 20

How much notice of a trial does a party get in the fast track

Answer 20

3 weeks notice of trial, place, length and date

Question 21

What matters must parties in the fast track agree

Answer 21

Evidence, timetable and bundle

Question 22

Under what circumstances may the parties be given only three days notice of a trial in the fast track

Answer 22

No or incomplete pre-trial checklist

Hearing needed to decide directions for trial

Question 23

What value is the multi track

Answer 23

Above £25k

Question 24

How are directions given for multi track cases

Answer 24

Parties are obliged to attempt to agree directions and submit 7 days before CMC
The court will then give directions at CMC or pre-trial review and set timetable

Question 25

Requirements for case summary in multi track cases

Answer 25

Set out claim, facts agreed/disputed, evidence needed Under 500 words Prepared by C and agreed by other parties

Question 26

What is a party on the multi track fails to comply with directions

Answer 26

Order for compliance or sanction

Question 27

When should the pre trial checklist be filed and served for multi track claims

Answer 27

8 weeks before trial file pre trial checklist and serve it on parties 8 days before that or claim will be struck out

Question 28

What is a pre trial checklist for

Answer 28

It checks that directions are complied with so the court can fix a date for the trial

Question 29

What are the steps in a multi track claim

Answer 29

``` Try to agree directions CMC or pre trial review to give directions Case summary Pre trial checklist Trial set ```

Question 30

Which tracks do the disclosure rules apply to

Answer 30

Fast and multi only

Question 31

How does a party disclose a document

Answer 31

By stating that it exists or has existed

Question 32

What does standard disclosure include

Answer 32

Docs relied on Docs required to disclose by PD Docs adverse to your case and other party Docs that support another party

Question 33

What information can be redacted from disclosed documents

Answer 33

``` Irrelevant Commercial sensitivity Privileged Confidential Not included in standard disclosure ```

Question 34

Can a party dispute the withholding of documents/ failure to disclose

Answer 34

Yes they can seek a review of the documents by the court who may uphold it or order disclosure

Question 35

How should parties redact info from disclosed documents

Answer 35

Party can blank out info but must not destroy sense or document or make it misleading

Question 36

How far must a party go in searching for documents to be disclosed

Answer 36

Must make a reasonable search for documents | Disclosure is limited to what docs are or once were in their control

Question 37

What is legal privilege

Answer 37

Confidential communication between lawyers and clients made for the purpose of seeking or giving legal advice

Question 38

What is litigation privilege

Answer 38

Confidential communications between lawyer and clients or later and client and third party which exist for the dominant purpose of being used in connection with actual or pending litigation