Case management, sanctions and striking out Flashcards
Clear days:
2.8
The day on which the period began and the day at which the event occurs - do not count
2.11
Unless rules/practice directions say otherwise, time limits can be varied by written agreement of parties
The court’s general powers of management:
3.1 - lots of powers such as bringing a hearing forward
Unrepresented parties
3.1A
The court MUST have regard to the fact that at least one party is unrepresented
Court’s power to make an order of its own initiative:
- 3
- May do so and may give a party effected the chance to make representations, must give them at least 3 days notice
- May also make an order without a hearing or giving parties a chance to make representations
Power to strike out a statement of case:
3.4
Court may strike out a statement of case if it appears to the court to be:
(a) discloses no reasonable grounds of bringing or defending the claim
(b) abuse of courts process
(c) failure to comply with rule, PD or order
If court strikes out C’s statement of case and considers it to be totally without merit, must record that fact
Relief from sanctions:
3.9:
On application for relief from sanction from any rule, PD or court order the court will consider all the circumstances of the case, so as to enable it to deal justly with the application including the need for:
(a) litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, PD and orders
An application must be supported by evidence
Exchanging budgets:
Unless ordered otherwise, all parties except litigants in person must file and exchange budgets -
(a) where the stated value of the claim is less than 50,000 with their DQ
(b) in any other case, 21 days before first CMC
Failure to file a budget:
3.14-
Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees
