Case Management On Multi Track

Question 1

Upon allocation to multi track the court may…

Answer 1

Give directions without a heariny

Convene a case management conference

Question 2

Purpose of CMC

Answer 2

Ensure real issues between parties are identified and narrowed

Question 3

Who attends CMC

Answer 3

Client and legal rep familiar with case with sufficient authority

If legal rep doesnt attend or not suitable then potentially wasted costs order payable by solicitor

Question 4

When file disclosure report

Answer 4

Within 14 days of first cmc

Describe what docs exist relevant to matters in issue and where located
- how electronic docs stored
- costs involved in giving standard disclosure
- electronic doc questionnaire
- if parties want diff order for disclosure, ie not standard

Question 5

When file draft directiond

Answer 5

Not less than 7 days before CMC

Allows court to know in advance what party is seeking

Court may hear representations from parties

Question 6

Case summary?

Answer 6

500 words max prepared by claimant

Try to agree with defendant

Chronology of claim

Factual issues agreed and in dispute

Nature of ev required to decide disputed facts

Question 7

Costs management regime - when does it apply

Answer 7

All cases on multi track except

Claims more than £10m
Claim made by someone under 18
Claim subject to fixed costs

Court has discretion and can disapply or require compliance with regime whenever

Question 8

Purpose of cost management regime

Answer 8

Parties exchange info about future costs at early stage

Question 9

Cost management regime - when to file and exchange cost budget

Answer 9

21 days before case management conference or with DQ if less than £50k

Use precedent H

Question 10

Precedent H

Answer 10

Breakdown of costs in defined stages

Set out assumptions and contingencies
Statement of truth
Focus on future costs
Costs already incurred cant be changed

Question 11

Cost management regime - budget discussion report

Answer 11

File and exchange no less than 7 days before CMC

Parties required to discuss budgets and agree figures where possible

Records agreement re costs

Question 12

Cost management conference

Answer 12

Usually at first CMC

Question 13

Cost management order

Answer 13

Court will make CMO unless satisfied litigation can be conducted justly and proportionately
- records extent of agreed costs by parties and court cant amend these
- where figures are disputed, records court’s approval after revisions

Question 14

Effect of cost management order

Answer 14

When assessing costs on standard basis, court must have regard to party’s last approved / agreed cost budhet

Question 15

If cost management order not made

Answer 15

If difference of 20% or more between costs claimed on detailed assessment and costs budget, receiving party must explain why

Question 16

Revising costs budget

Answer 16

Amended budget submitted to parties for agreement then to court for consideration

CANNOT CORRECT ERRORS
only significant developments in litigation

Question 17

Failure to file cost budget

Answer 17

Treated as filing cost budget of only applicable fees

Question 18

Cost management regime

Answer 18

File and exchange cost budgets - 21 days before cmc

Budget discussion report - no less than 7 days before cmc

Question 19

Costs and case management

Answer 19

Budget - not less than 21 days before cmc

Disclosure - not less than 14 days before cmc

Draft directions - at least 7 days begore cmc

Budget discussion report - at least 7 days before cmc