Case Management, Sanctions and Striking Out

Question 1

The small claims track is the normal track for…

Answer 1

PI claims where value
- of claim is not more than £10,000 AND
- of claim for damages/PI is not more than £5000 (RTA), £1000 (RTA pre May 202), £1500 any other PI

Tenant/residential claims where
- T seeks order requiring LL to make repairs
- cost of work is not more than £1000 AND
- any other claim for damages not more than £1000

Any claim
- value not more than £10,000

Question 2

The fast track is the normal track for …

Answer 2

anything for which small claims track is not normal
which has a value
- not exceeding £25,000 (proceedings issued on/after 6 April 2009
(- not exceeding £15,000 for proceedings pre 6 April 2009)

Question 3

The multi-track is the normal track for…

Answer 3

all other claims

Question 4

When will allocation to track take place?

Answer 4

when all parties have filed their DQs OR
when giving directions to transfer courts
(court may order party to provide extra info / hold allocation hearing)

Question 5

When making allocation decision - court will have regard to:

Answer 5

• financial value
• nature of remedy
• complexity of facts, law or evidence
• number of parties/likely parties
• value of any Part 20/CC
• amount of oral evidence required
• importance of claim to nonparties
• views/circs of parties

Question 6

notice of allocation/re-allocation will be given by..

Answer 6

the court and served on all parties

Question 7

applicaiton for trial with jury requires

Answer 7

application to be made within 28 days of service of defence
unless claim for trial/slander which must be heard by judge alone

Question 8

if a party is dissatisfied with allocation, what can they do?

Answer 8

apply to court to re-allocate
appeal at hearing decision made if at hearing

Question 9

Counting time rules (x4)

Answer 9

• period of time expressed as a number of days = “clear days”
• period of 5 days or less DOES NOT INCLUDE weekend/Bank hol/Xmas/Good Friday
• where court office closed and doc needs to be personally stamped - next business day will be ok
• where period ends on event , day not counted

Question 10

The Courts’ General Powers of Case management include:

Answer 10

• extend/shorten time for compliance
• adjourn/bring forward a hearing
• require HC hearings to be heard by Div HC
• require party’s legal rep to attend court
• hearing over phone/direct oral comms
• separate/join proceedings
• stay proceedings
• decide order in which issues should be heard
• exclude issues from consideration
• dismiss/give judgment on a claim
• order a party to file/exchange costs budgets

Question 11

Case management rules for unrepresented parties - court and party duties?

Answer 11

• take into account OO
• take std direction at first and vary as appropriate

Question 12

When can the court exercise these powers?

Answer 12

• at any time on their own initiative - must allow parties to make representations - 3 days notice
• if strikes out claim/SoC on basis of ‘totally without merit’ must record as much

Question 13

If a party wishes to apply to set aside an order made of courts’ own initiative , what is the time limit?

Answer 13

not more than 7 days after order served on party making application

Question 14

When can a party obtain judgment with costs after judgment without trial given after failure of other party to comply with an order?

Answer 14

When order has been made stating failure to comply will result in strike out.
When party has defaulted on this order.
Once party has filed a REQUEST for judgment

Question 15

Where there has been an error of procedure, what are the consequences?

Answer 15

the error does not invalidate any step taken in proceedings unless court orders it does
court may make an order to remedy this

Question 16

What claims do cost management rules apply to?

Answer 16

• part 7 multi-track claims (except cases with value of £10mn+, -18s, foxed/scale cost cases)

Question 17

Who is exempt from filing a cost budget/discussion report, NLT 7 days before CCMC?

Answer 17

litigants in person (although must be served on them)

Question 18

What is the consequence of failing to file a cost budget?

Answer 18

Party taken to have filed a budget consisting only of costs.

Question 19

When may the court make a costs management and order and what will this contain?

Answer 19

at any time
- extent parties agreed/disagreed budgeted costs
- extent of agreed incurred costs (max £1000 for budget, or 1% total incurred cost
- may set a timetable for future review

Question 20

after budget has been approved, part must re-file and re-serve the budget? T/F

Answer 20

T

Question 21

To what degree is the cost budget controlled?

Answer 21

amount for each phase - not detail of how broken down/used

Question 22

Is a party able to revise their cost budget? if so, how?

Answer 22

• on basis of significant developments, up or down
• must be submitted promptly by revising party to other parties for agreement. (particulars of variation)
• once agreed, submit to court with last budget and explain points of difference/
• court may vary/approve/disallow - could list further hearing

Question 23

where possible, how should cost management conferences be conducted?

Answer 23

over telephone.

Question 24

whether or not costs management order filed - what must the court have regard to in relation to parties costs?

Answer 24

available budget of parties and costs involved in each step

Question 25

When assessing costs on std. basis, where costs management order has been made, the court will not depart from approved/agreed budget without…

Answer 25

good reason

Question 26

Court officer will provisionally decide the track a claim is to be allocated to - notice will be served on parties, requiring them to..

Answer 26

• file a completed DQ and serve copies on all parties
  (in cases with lit in pers - they will get approp form, in cases with multiple D, notice will be given when all parties have served Defence)

Question 27

The DQ gives the parties the opportunity to ..

Answer 27

.. apply for a stay of proceedings to attempt to settle the claim
(1 month if all agreed - extendable by court)

Question 28

When/what type of claim may be referred to the mediation service?

Answer 28

• cases that would normally be allocated to the small claim track (except PI/RTA/housing disrepair)
• where all parties indicate they wish to agree to mediation

Question 29

If a party wishes to vary the date fixed for - return of pre-trial checklist, trial or trial period…

Answer 29

.. they must apply to court (may not be varied by agreement of parties)

Question 30

In multi-track cases - the court may fic a CMC/pre-trial review and a legal rep familiar with case/sufficient authority to deal with issue must attend , why?

Answer 30

in order to fully understand, be able to deal with issues appropriately

Question 31

when must parties submit agreed directions/proposals

Answer 31

at least 7 days before CMC - where court agreesm CMC may be vacated

Question 32

failure to file pre-trial checklist, by deadline and after 7 days of order to do so

Answer 32

both parties
- claim, defence, counterclaim may be struck out without further order of court
one party
- give directions as appropriate

Question 33

if a court decides to hold a pre-trial review, what notice will it give?

Answer 33

• at least 7 days before date fixed

Question 34

What is the time limit for a party to apply to vary directions made after CMC

Answer 34

within 14 days of service of order - otehrwise taken to be content

Question 35

What will court take into account when considering application for relief from sanctions?

Answer 35

• all circumstances - to deal justly with application, inlcuding need for litigation to be conducted efficiently and at proportionate cost and to enforce compliance with rules.

Question 36

Summary of Denton Guidance (3 stage test)

Answer 36

• Seriousness/significance of breach (most important)
  –impact on hearing date, impact on conduct
• why default occurred
  –‘good reason’ = outside control of party
• All circumstances

Question 37

Where an order/rule/PD requires something to be done within specific time and has specific consequence, it cannot be varies unless…

Answer 37

by agreement of all parties for a maximum of 28 days. - provided it does not imperil future hearing date

Question 38

When may court strike out an SoC

Answer 38

• if SoC discloses no reasonable grounds for bringing or defending the claim
• SoC is otherwise an abuse of court’s process/will obstruct disposal of proceedings
• failure to comply with rule/PD/order

Question 39

If a C commences a claim requesting more than one remedy - and subsequently abandons claim on 1 or more alternatives, are they taken to have discontinued the claim?

Answer 39

No

Question 40

A C may discontinue a claim at any subject to the following conditions…

Answer 40

• C to pay all Ds costs up to notice of discontinuance
• C must obtain permission if
  –court has granted any interim injunction
• C must obtain Ds consent where
  – received an interim payment from them
• if more than 1 c - all must give written permission
• if more than 2 D - can discontinue all or part against 1 not other

Question 41

Procedure for discontinuing a claim

Answer 41

• file notice of discontinuance and serve copy on all other parties.
• copy of necessary permission/consent attache d

Question 42

Within what period can a D apply to have discontinuance set aside

Answer 42

within 28 days