Case Management, Sanctions, Striking Out and Discontinuance Flashcards
what are the 4 tracks in order
small
fast
intermediate
multi-track
what claims does the small claims track apply to?
any claim for personal injuries where value of not more than £10,000, the value of any claim for damages for personal injuries isn’t more than £1,500 and for any claim which has a value of not more than £10,000
what does damages for personal injuries means?
damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.
why type of claims must the court not allocated to the small claims track
claims in respect of harassment or unlawful eviction
when is the fast track a normal claim for which claims?
(a) for which the small claims track is not the normal track; and
(b) which—
(i) is a claim for monetary relief, the value of which is not more than £25,000; and
(ii) is or includes a claim for non-monetary relief and
(aa) if the claim includes a claim for monetary relief, the value of the claim is not more than £25,000
(bb) the claim meets the criteria in paragraph (6)(a) and (b); and
(cc) the court is satisfied that’s in the interests of justice for it to be allocated to the fast track.
when might the court consider that the fast track is a normal track for claims under 26.9(6)?
(a) the trial is likely to last for no longer than one day; and
(b) oral expert evidence at trial is likely to be limited to—
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.
what type of claims is the intermediate track
claim suitable for neither small or fast track
claim includes a claim for monetary relief a value of which isn’t more than £100,000
court considers that if the case is managed proportionately, the trial won’t last longer than 3 days
oral expert evidence at trail is likely to be limited to two experts per party
claim may be justly and proportionately managed under the procedure set out in section IV of part 28 there’s no additional factors which would make the claim inappropriate for the intermediate track; and
claim is brought by one claims against either one or two defendants, or is brought by two claimants against one defendant.
true or false:
where relief sought includes a claim for non-monetary relief, the claim shall not be allocated to the intermediate track unless the court also considers it to be in the interests of justice to do so
true
true or false:
the multi-track is the normal track for any claim for which the small claims track or the fast track nor intermediate track is not the normal track
true
what types of claims are normal to be on the small track
claims w/ monetary value of less than £10.000, PI claims of less than £10,000, RTA PI claims of less than £5,000 other than in the circumstances specified in 26.10 and £1,500 in any other claim for PI.
what types of claims are normal to be on the fast track?
claims for which small claims track isn’t the normal track and the claim is for monetary which isn’t more than £25,000 and the trial isn’t likely to last for more than a day and experts are limited to 2 expert fields and one expert per party.
what types of claim are normal to be on intermediate track
Normal track where the claim is suitable for neither small claims nor fast track where the value of monetary relief isn’t more than £100,000.
And the trail won’t last for more than 3 days and oral expert evidence is limited to 2 experts per party.
true or false:
26.9(9) provides that the court may allocate a claim to the intermediate track where it considers it to be in the interests of justice to do so.
true
what does 26.1 states that CPR 26 can do
provides for the automatic transfer of some defended cases in the High Court
the circumstances in which defended cases may be sent from one county court hearing centre or court office to another and
the allocation of defended cases to case management tracks and where applicable, their assignment to a complexity band.
what does 26.7 allow the court to do
court shall allocate the claim to a track and where applicable assign it to a complexity band after all parties have filed their directions questionnaires or when giving directions pursuant to 26.4(1) unless it has stayed the proceedings under 26.5
true or false:
if the court has stayed proceedings under 26.5, it shall allocate the claim to a track and where applicable assign it to a complexity band at the end of the period of the stay
true
true or false:
before deciding the track to which to allocate or the complexity band to which to assign proceedings, or deciding whether to give directions for an allocation hearing or an assignment hearing to be fixed, the court may order a party to provide further information about his case.
true
true or false:
the court may hold an allocation hearing if it thinks it is necessary
true
true or false:
if a party fails to file a directions questionnaire, the court may give any direction it considers appropriate
true
true or false:
when considering whether to allocate a claim to the normal track for that claim under rules 26.9, 26.10 or 26.11, the court will have regard to the matters mentioned in rule 26.13(1)
true
under 26.13, when deciding the track for a claim, the matters to which the court shall have regard to include which factors?
financial value if any of the claim
nature of the remedy sought
likely complexity of the facts, law or evidence
number of parties or likely parties
value of any counterclaim or additional claim and complexity of any matters relating to it
the amount of oral evidence which may be required
the importance of the claim to persons who are not parties to the proceedings;
the views expressed by the parties; and
the circumstances of the parties
when will the court consider the claim of each claimant separately when it assesses financial value under 26.13(3)?
where 2 or more C’s have started a claim against the same D using the same claim form and each C has a claim against D separate from the other C’s.
true or false:
when it has allocated a claim to a track, the court will serve notice of allocation on every party?
true- see 26.17
under 26.18, what may the court do on application or on its own initiative subsequently?
reallocate a claim to a different track or reassign a claim to a different complexity band
true or false:
where a claim is allocated to intermediate track and directions in respect of that claim have been given, the court may only reallocate the claim where it decides that there are exceptional reasons to justify doing so
true
true or false:
the court may only reassign a claim to a different complexity band, where there’s been a change in circumstances since a direction was made assigning claim to a particular complexity band and court decides change in circumstances justifies reassignment
true
true or false:
where the court believes that amount C is seeking exceeds what they may reasonably be expected to recover it may make an order under 26.7(4) directing C to justify amount
true
in deciding for purposes of 26.13(2)(a), whether an amount is in dispute, court will apply which following general principles
(a) any amount for which the defendant doesn’t admit liability is in dispute
(b) any sum in respect of an item forming part of the claim for which judgment has been entered (for example a summary judgment) is not in dispute
(c) any specific sum claimed as a distinct item and which the defendant admits they are liable to pay isn’t in dispute; and
(d) any sum offered by the defendant which has been accepted by the claimant in satisfaction of any item which forms a distinct part of the claim is not in dispute.
true or false:
if, in relation to a claim the value of which is above the small claims track limit of £10,000, the defendant makes, before allocation, an admission that reduces the amount in dispute to a figure below £10,000 (see CPR Part 14), the normal track for the claim will be the small claims track. As to recovery of pre-allocation costs, the claimant can, before allocation, apply for judgment with costs on the amount of the claim that has been admitted (see CPR rule 14.4 but see also paragraph 7.1(3) of Practice Direction 46 under which the court has a discretion to allow pre-allocation costs).
true
true or false:
The court will treat the views expressed by the parties as an important factor, but decisions on allocation and assignment are for the court, to be taken in the light of all the circumstances, and the court will not be bound by any agreement or common view of the parties.
true
true or false:
Where the case involves more than one money claim (for example where there is an additional claim or there is more than one claimant each making separate claims) the court will not generally aggregate the claims. Instead, it will generally regard the largest of them as determining the financial value of the claims.
true
true or false:
where the court is to decide whether to allocate to the fast track or the multi-track a claim for which the normal track is the fast track, it will allocate the claim to the fast track unless it believes that it can’t be dealt with justly on that track
true
name three factors in which the court will take into consideration when deciding to allocate the claim to the fast track?
the limits likely to be placed on disclosure, the extent expert evidence may be necessary and whether the trial is likely to last more than a day.
true or false:
when it is considering the likely length of the trial the court will regard a day as being a period of 5 hours, and will consider whether that is likely to be sufficient time for the case to be heard;
true
true or false:
the court will also take into account the case management directions (including the fixing of a trial timetable) that are likely to be given and the court’s powers to control evidence and to limit cross-examination;
true
true or false:
subject to paragraph (e), the possibility that a trial might last longer than one day is not necessarily a conclusive reason for the court to allocate or to re-allocate a claim to the intermediate track or the multi-track;
true
true or false:
a claim may be allocated to the fast track or ordered to remain on that track although there is to be a split trial;
true
true or false:
where the case involves a counterclaim or additional claim that will be tried with the claim and as a result the trial will last more than a day, the court may not allocate it to the fast track.
true
true or false:
Directions for the case management of claims which have been allocated to the fast track will be given at the allocation stage or at the listing stage (in either case with or without a hearing) or at both or and if necessary at other times. The trial judge may, at or before the trial, give directions for its conduct.
true
true or false:
a period of time expressed as a number of days shall be computed as clear days?
true
what are clear days and what aren’t included in calculating clear days?
the day on which the period begins and if the end of the period is defined by reference to an event, the day on which that event occurs are not included.
which days are not included in a specified period?
5 days or less and includes a saturday or sunday or a bank holiday, christmas day or good friday.
true or false:
when the period specified by a rule or PD or by any judgment or court order for doing any act at the court office ends on a day on which the office is closed, that act shall be in time under these rules if done on the next day on which the court officer is open?
true.
true or false:
unless these rules or a PD provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties
true.
true or false:
Rules 3.8 (sanction have effect unless defaulting party obtains relief), 28.3(variation of case management timetable- fast track and intermediate track) and 29.5 (variation of case management timetable- multi-track) provide for time limits that cannot be varied by agreement between the parties
true