Case Management, Sanctions and Striking Out (Syllabus 13) Flashcards
What is the scope of the small claims track?
the value of the claim is not more than £10,000 and the value of any claim for damages for personal injuries is not more than £1,000
What do damages for personal injuries include?
damages claimed as compensation for pain, suffering and loss of amenity.
What is the normal track for any claim for not more than £10,000?
the small claims track
What is the scope of the fast track?
for proceedings issued on or after 6th April 2009, of not more than £25,000, and
for proceedings issued before 6th April 2009 of not more than £15,000.
What factors must appear for the fast track to be the normal track?
- value of the proceedings is not more than £25,000
- the trial is likely to last for no longer than one day, and
- oral expert evidence is limited to (one expert per party per expert field and expert evidence in two fields)
When is the multi-track the normal track?
For any claims for which the small claims or fast track is not the normal track
When will the court allocate a claim to a track?
when all parties have filed their directions questionnaires or when giving directions pursuant to rule 26.
When will the court allocate a claim to a track if the claim has been stayed?
at the end of period of stay
If a claim is referred to the Mediation Service and the court does not receive notification in writing that settlement has been agreed when will the claim be allocated to a track?
no later than 4 weeks from the date on which the last directions questionnaire was filed.
Does the court have to hold an allocation hearing?
Only if it is necessary
Can the court allocate a claim to the small claims track if it includes a claim by a tenant against his landlord for harassment or unlawful eviction?
No
What matters must the court consider when allocating a claim to a track?
(1) the financial value of the claim
(2) the nature of the remedy sought
(3) the likely complexity of the facts, law or evidence
(4) the number of parties or likely parties
(5) the value of any counterclaim or other Part 20 claim and the complexity of matters relating to it
(6) the amount of oral evidence which may be required
(7) the importance of the claim t persons who are not parties to the proceedings
(8) the views expressed by the parties and
(9) the circumstances of the parties.
What will the court disregard when assessing the financial value of a claim?
(1) any amount not in dispute
(2) any claim for interest
(3) costs; and
(4) contributory negligence
If two claimants have started a claim against the same defendant using the same claim form and each claimant has a claim against the defendant separately how will the court consider the financial value of the claim?
each claimant will be considered separately.
What will the court serve when it has allocated a claim to a track?
a notice of allocation on every party.
Can the court re-allocate a claim?
Yes
How will the court determine what amounts are in dispute?
(1) any amount for which the defendant does not admit liability is in dispute.
(2) any sum in respect of an item forming part of the claim for which judgment has been entered is not in dispute.
(3) any specific sum claimed as a distinct item and which the defendant admits he is liable to pay is not in dispute.
(4) any sum offered by the defendant which has been accepted in satisfaction of any item which forms a distinct part of the claim is not in dispute.
How will the court deal with the value of the case if the case involves more than one money claim?
the court will not aggregate these, instead it will generally regard the largest of them as determining the financial value of the claims.
How long is a day of trial?
5 hours
Is the fact that the trial might last longer than one day a conclusive reason not to allocate the claim to the fast track?
No but it is a valid consideration
What can a party do if they are dissatisfied with where the court has allocated the claim?
they can appeal or apply to the court to re-allocate the claim.
When would a party appeal the decision of allocation?
when the order was made at a hearing at which he was present or represented or of which he was given due notice
When would a party apply to the court to re-allocate the claim?
In any case other than where he was at the hearing, represented or given due notice.
What are clear days?
the day on which the period begins and if the day it ends is defined by reference to an event, the day on which that event occurs are not included.
Where the specified period is 5 days or less what days do not count when counting time?
(1) Saturday
(2) sunday; and
(3) bank holiday, Christmas Day or good Friday.
What happens if the period for doing any act at the court office ends on a day that the court office is closed?
the act will be deemed to be done in time if done on the next day on which the court office is open.
Can time limits be varied by parties?
Yes unless a rule or PD states otherwise, the parties can agree in writing to vary time limits
What time limits cannot be varied by written agreement?
(1) sanctions have effect unless defaulting party obtains relief
(2) variation of case management timetable (fast tack)
(3) variation of case management timetable (multi-track)
What are the court’s general powers of management?
the court may-
(1) extend or shorten the time for compliance with any rule, PD or court order.
(2) adjourn or bring forward a hearing
(3) require that any proceedings in the High Court be heard by a Divisional Court of the High Court
(4) require a party or a party’s legal representative to attend the court
(5) hold a hearing and receive evidence by telephone or by using any other method of direct oral communications
(6) stay the whole or part of any proceedings or judgment
(7) consolidate proceedings
(8) try two or more claims on the same occasion
(9) separate trial of any issue.
What are the powers of case management when there are unrepresented parties?
this rule applies in any proceedings where at least one party is unrepresented.
when the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented and do its best to further the overriding objective.
Can the court exercise its power on its own initiative?
Yes
What can the court do when it proposes to make an order of its own initiative?
(1) it may give any person likely to be affected by the order an opportunity to make representations and
(2) where it does so it must specify the time by and the manner in which the representations must be made.
If the court makes an order of its own initiative how much notice should they give the parties of any hearing?
at least 3 days’ notice
What happens where the court makes an order which includes a term that the statement of case shall be struck out if a party does not comply with an order and the party against whom that order is made does not comply with it?
A party may obtain judgment with costs by filing a request for judgment if - the order relates to the whole of a statement of case and where the party wishing to obtain judgment is the claimant the claim is for a specified amount of money, an amount of money to be decided by the court, delivery of goods.
What is the general power of the court to rectify matters 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.
What is the purpose of costs management?
the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the overriding objective
Who must file and exchange costs budgets?
all parties except litigants in person
When must the costs budget be filed and exchanged?
(1) when the value on the claim form is less than £50,000 with their directions questionnaire; or
(2) in any other case, not later than 21 days before the first case management conference.
When must the parties file an agreed budget discussion report?
No later than 7 days before the first case management conference
If there is a litigant in person are they expected to prepare a budget?
No but they must be provided with a copy of the other party’s budgets.
What is the consequence of failing to file a budget?
the party will be treated as having filed a budget comprising only the applicable court fees.
What is a costs management order?
where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at a proportionate cost in accordance with the overriding objective without such an order being made.
Can the court make a costs management order, and if it can when?
Yes, it has a discretion to make such an order at any time
When must a party revise its budgeted costs?
when there is a significant development in the litigation that warrants revisions of the budget upwards or downward
What must a party do if they wish to revise their budget?
(1) serve particulars of the variation proposed on every other party;
(2) confine the particulars to the addition costs occasioned bu the significant development
(3) certify that the additional costs are not included in any previous budgeted costs or variation.
What must the revising party submit to the court?
the particulars of variation with the last approved/agreed budget with an explanation of the points of difference if they have not been agreed
What are the court’s powers regarding the variation of costs?
the court may approve, vary or disallow the proposed variations
What is a costs management conference?
any hearing which is convened solely for the purpose of costs management is referred to as a “costs management conference”:
How should costs management conferences be conducted?
where practical by telephone or in writing
What will the court have reared to when making any case management decisions?
any available budgets of the parties and the costs involved in each procedural step.
What can the court not do in relation to costs incurred up to and including the date of the costs management hearing?
the court cannot approve costs incurred up to and including the date of any costs management hearing but may comment on those costs and take them into account when considering the reasonable and proportionality of budgeted costs
How will the court assess costs where a costs management order has been made?
costs will be assessed on the standard basis
What will the court do when assessing costs on the standard basis?
the court will-
(a) have regard to the receiving party’s last approved or agreed budgeted costs for each phase of the proceedings
(b) not depart from such approved or agreed budgeted costs unless satisfied that there is good reason to do so; and
(c) take into account ant comments made and recorded on the face of the order.