Case Management, Sanctions, Striking Out and Discontinuance

Question 1

what claims does 26.6 (1) apply to?

Answer 1

claims started in the county court which would be normally allocated to the small claims tract pursuant to rule 26.9

Question 2

what does 26.6(2) not apply to?

Answer 2

rta’s, PI or housing disrepair claims; or any claim in which any party to the proceedings doesn’t agree to referral to the Mediation Service.

Question 3

what is the mediation service?

Answer 3

the Small Claims Mediation Service operated by His Majesty’s Courts and Tribunals Service.

Question 4

when will the claim be referred to the mediation service?

Answer 4

Where all parties indicate on their directions questionnaire that they agree to mediation.

Question 5

when a claim to which 26.6 applies is settled, the proceedings shall automatically be stayed with permission to apply for what unless the parties have agreed that the claim is to be discontinued or dismissed?

Answer 5

(a) judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
(b) the claim to be restored for hearing of the full amount claimed.

Question 6

under 26.7, when shall the court allocate the claim to a track and where applicable assign it to a complexity band?

Answer 6

when all parties have filed their directions questionnaires; or
when giving directions pursuant to rule 26.4(10) unless it has stayed the proceedings under rule 26.5

Question 7

true or false:
if the court has stayed the proceedings under rule 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.

Answer 7

true

Question 8

when shall a claim be allocated to a track and assigned to a complexity band in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed?

Answer 8

if the claim is referred to the Mediation Service pursuant to rule 26.6 and the court hasn’t been notified in writing that a settlement has been agreed.

Question 9

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.

Answer 9

true

Question 10

when might the court hold an allocation hearing or an assignment hearing?

Answer 10

if it thinks it is necessary.

Question 11

what may the court do if a party fails to file a directions questionnaire?

Answer 11

the court may give any direction it considers appropriate.

Question 12

when, in a claim to which Section VI or Section VII of Part 45 applies, the court decides the track to which a claim should be allocated or the complexity band to which it should be assigned, what must be also considered?

Answer 12

(a) it shall also consider whether it is in the interests of justice to order that rule 45.5(4) should apply to that claim; and
(b) when considering whether it is in the interests of justice to make such an order, it shall have regard to whether the claim of each claimant arises from the same or substantially the same facts and gives rise to the same or substantially the same issues.

Question 13

When does r26.8 apply?

Answer 13

where
(a) the parties have followed the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents; and
(b) proceedings have been started under Practice Direction 27B.

Question 14

where cpr 26.8 applies, which track shall the claim be treated as allocated to when it is issued and rules 26.4, 26.5 and 26.7 shall not apply?

Answer 14

small claims track.

Question 15

true or false:
Where in any claim started or continued under Practice Direction 27B—
(a) the appropriate court form states that—
(i) the amount claimed is more than £10,000; or
(ii) the claim for personal injury damages is more than £5,000; or
(b) rule 26.10 applies,
a court officer must refer the claim to a judge for allocation to a track and to give directions.

Answer 15

true.

Question 16

what claims are the small claims track a normal track for?

Answer 16

(a) any claim for personal injuries where—
(i) the value of the claim is not more than £10,000; and
(ii) the value of any claim for damages for personal injuries is not more than—
(aa) £5,000 in a claim for personal injuries arising from a road traffic accident, except as provided in sub-paragraph (bb);
(bb) £1,000 in a claim for personal injuries arising from a road traffic accident, in any of the circumstances specified in rule 26.10 ; or
(cc) £1,500 in any other claim for personal injuries.
(b) any claim which includes a claim by a tenant of residential premises against a landlord where—
(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);
(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000; and
(c) in relation to claims under the Renting Homes (Wales) Act 2016 , any claim which includes a claim by a contract-holder of a dwelling against a landlord where—
(i) the contract holder is seeking an order requiring the landlord to carry out repairs or other work to the dwelling (whether or not the contract-holder is also seeking some other remedy);
(ii) the cost of repairs or other work to the dwelling is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000.

Question 17

what does damages for personal injuries means?

Answer 17

damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.

Question 18

how is a road traffic accident defined?

Answer 18

an accident resulting in a bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974 .

Question 19

true or false:
the small claims track is the normal track for any claim which has a value of not more than £10,000.

Answer 19

true

Question 20

when is the fast track a normal claim for which claims?

Answer 20

(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) for proceedings issued before 6th April 2009 of not more than £15,000

Question 21

when might the court consider that the fast track is a normal track for claims under 26.6(5)?

Answer 21

(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.

Question 22

true or false:
when it has allocated a claim to a track, the court will serve notice of allocation on every party?

Answer 22

true

Question 23

when deciding the track for a claim, the matters to which the court shall have regard include what?

Answer 23

the financial value of the claim
the nature of the remedy sought
the likely complexity of the facts, law or evidence
the number of parties or likely parties
the value of any counterclaim or other additional claim and the complexity of any matters relating to it
the amount of oral evidence which may be required
importance of the claim to persons who aren’t parties to the proceedings.
the views expressed by the parties; and
the circumstances of the parties

Question 24

what will the court disregard when assessing the financial value of the claim?

Answer 24

any amount not in dispute
any claim for interest
costs and
any contributory negligence

Question 25

when will the court consider the claim of each claimant separately when it assesses financial value under 26.8(1)?

Answer 25

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.

Question 26

true or false:
the court may subsequently re-allocate a claim to a different track?

Answer 26

true.

Question 27

true or false:
the multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track

Answer 27

true

Question 28

true or false:
when considering whether to allocate a claim to the normal track for that claim under rules 26.6, 26.6A or 26.6B, the court will have regard to the matters mentioned in rule 26.8(1)

Answer 28

true

Question 29

true or false:
the court will allocate a claim which has no financial value to the track which it considers most suitable having regard to the matters mentioned in rule 26.8(1)

Answer 29

true.

Question 30

true or false:
the court will not allocate a claim to the small claims track if it includes a claim by a tenant of residential premises against their landlord for a remedy in respect of harassment or unlawful eviction.

Answer 30

true.

Question 31

under r26.1, what does this part provide for?

Answer 31

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.

Question 32

name the three tracks?

Answer 32

small claims track
fast track
multi-track.

Question 33

who assesses the financial value of the claim?

Answer 33

the court

Question 34

true or false:
where the court believes that the amount the claimant is seeking exceeds what he may reasonably be expected to recover, it may make an order under r26.5(3) directing C to justify the amount?

Answer 34

true

Question 35

which general principles will the court apply when deciding whether an amount is in dispute?

Answer 35

an amount in which D doesn’t admit liability to
any sum in respect of an item forming part of the claim for which judgment has been entered is not in dispute
any specific sum claimed as a distinct item and which D admits he is liable to pay isn’t in dispute.
any sum offered by D which has been accepted by C in satisfaction of any item which formal a distinct part of the claim isn’t in dispute.

Question 36

true or false:
the court will treat the views of the parties as being an important factor but the allocation is the decision for the court and the court will not be bound by any agreement or common view of the parties.

Answer 36

true.

Question 37

true or false:
where case involves more than one money claim, the court won’t generally aggregate the claims. Instead, it will generally regard the largest of them as determining the financial value of the claims.

Answer 37

true

Question 38

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

Answer 38

true

Question 39

name three factors in which the court will take into consideration when deciding to allocate the claim to the fast track?

Answer 39

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.

Question 40

how long does the court regard a day and when do they use this length of time to consider?

Answer 40

a day lasts 5 hours and this will help the court to consider whether that is liekly to be sufficient time for the case to be heard.

Question 41

true or false:
the court will also take into account the case management directions that are likely to be given and the court’s powers to control evidence and to limit cross-examination .

Answer 41

true.

Question 42

true or false:
a trial lasting longer than one day is a conclusive reason for the court to allocate or to re-allocate a claim to the multi-track?

Answer 42

false:
it isn’t a conclusive reason for the court to allocate or re-allocate the claim to the multi-track.

Question 43

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?

Answer 43

true

Question 44

true or false:
where the case involves a counterclaim or other additional claims 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

Answer 44

true

Question 45

when may a party appeal or apply to the court to re-allocate the claim?

Answer 45

where they are dissatisfied with an order made allocating the claim to a track

Question 46

when should a party appeal?

Answer 46

if the order was made at a hearing at which he was present or represented or of which he was given due notice.

Question 47

true or false:
where there has been a change in the circumstances since an order was made allocating the claim to a track the court may re-allocate the claim. it may do so on application or on its own initiative?

Answer 47

true.

Question 48

true or false:
a period of time expressed as a number of days shall be computed as clear days?

Answer 48

true

Question 49

what are clear days and what aren’t included in calculating clear days?

Answer 49

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.

Question 50

which days are not included in a specified period?

Answer 50

5 days or less and includes a saturday or sunday or a bank holiday, christmas day or good friday.

Question 51

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?

Answer 51

true.

Question 52

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

Answer 52

true.

Question 53

what powers do the court have of management under 3.1(2)?

Answer 53

a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(bb) require that any proceedings in the High Court be heard by a Divisional Court of the High Court;

(c) require a party or a party’s legal representative to attend the court;

(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g) consolidate proceedings;

(h) try two or more claims on the same occasion;

(i) direct a separate trial of any issue;

(j) decide the order in which issues are to be tried;

(k) exclude an issue from consideration;

(l) dismiss or give judgment on a claim after a decision on a preliminary issue;

(ll) order any party to file and exchange a costs budget;

(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case.

Question 54

when a court makes an order, what may it do as specified under R3.2(3)?

Answer 54

(a) make it subject to conditions, including a condition to pay a sum of money into court; and
(b) specify the consequence of failure to comply with the order or a condition.

Question 55

where the court has made a direction in accordance with para 3.2(2)(bb), where shall the proceedings be heard?

Answer 55

by a Divisional Court of the High Court and not by a single judge.

Question 56

true or false:
Where the court gives directions it will take into account whether or not a party has complied with the Practice Direction (Pre-Action Conduct) and any relevant pre-action protocol

Answer 56

true

Question 57

true or false:
The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

Answer 57

true

Question 58

when exercising the court’s power under 3.2(5), what must the court have regard to?

Answer 58

(a) the amount in dispute; and

(b) the costs which the parties have incurred or which they may incur.

Question 59

true or false:
under 3.2(6A), Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings.

Answer 59

true

Question 60

a power of the court under these rules to make an order includes a power to do what?

Answer 60

vary or revoke the order

Question 61

true or false:
The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.

Answer 61

true

Question 62

when does 3.1A apply?

Answer 62

where at least one party

Question 63

when exercising any powers of case management, what must it have regard to?

Answer 63

the fact that at least one party is unrepresented

Question 64

true or false:
Both the parties and the court must, when drafting case management directions in the multi-track, intermediate track and fast track, take as their starting point any relevant standard directions and adapt them as appropriate to the circumstances of the case

Answer 64

true

Question 65

true or false:
The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

Answer 65

true

Question 66

at any hearing where the court is taking evidence, what may this include?

Answer 66

(a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

(b) putting, or causing to be put, to the witness such questions as may appear to the court to be proper.

Question 67

true or false:
Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

Answer 67

true

Question 68

where the court proposes to make an order of its own initiative, what may it do?

Answer 68

(a) it may give any person likely to be affected by the order an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

Question 69

what must the court propose if it must give each party likely to be affected by the order at least 3 days’ notice of the hearing

Answer 69

(a)to make an order of its own initiative; and

(b) to hold a hearing to decide whether to make the order,
it must give each party likely to be affected by the order at least 3 days’ notice of the hearing.

Question 70

true or false:
The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

Answer 70

true

Question 71

true or false:
Where the court has made an order under paragraph (4) –

(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b) the order must contain a statement of the right to make such an application

Answer 71

true

Question 72

When must an application under para 3.3 5(a)be made?

Answer 72

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

Question 73

true or false:
An application under paragraph (5)(a) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit.

Answer 73

true

Question 74

true or false:
If the court of its own initiative strikes out a statement of case or dismisses an application,

(including an application for permission to appeal or for permission to apply for judicial review) and it considers that the claim or application is totally without merit –

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Answer 74

true

Question 75

true or false:
A party may obtain judgment with costs by filing a request for judgment if –

(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and

(b) where the party wishing to obtain judgment is the claimant, the claim is for –

(i) a specified amount of money;

(ii) an amount of money to be decided by the court;

(iii) delivery of goods where the claim form gives the defendant the alternative of paying their value; or

(iv) any combination of these remedies.

Answer 75

true

Question 76

when does r3.5(1) apply?

Answer 76

where the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and the party against whom the order was made does not comply with it.

Question 77

true or false:
Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver goods, or (if the defendant does not do so) pay the value of the goods as decided by the court (less any payments made).

Answer 77

true

Question 78

true or false:
The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.

Answer 78

true

Question 79

true or false:
A party must make an application in accordance with Part 23 if they wish to obtain judgment under this rule in a case to which paragraph (2) does not apply.

Answer 79

true

Question 80

true or false:
Where there has been an error of procedure such as a failure to comply with a rule or practice direction –

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Answer 80

true

Question 81

which part 7 multi-track cases does 3.12 not apply to?

Answer 81

(a) where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or

(b) where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or

(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or

(d) where the proceeding are the subject of fixed costs or scale costs; or

(e) the court otherwise orders.

Question 82

which multi-track cases does part 7 not apply to?

Answer 82

where claim is commenced after 22nd April 2014 and the claim amount is £10 mill or more
where the claim is not quantified or not fully quantified for a monetary claim and in any such case the claim is for 10 mill or more
where it’s a claim for a child under the age of 18
where the proceedings are the subject of fixed costs or scale costs or the court orders otherwise.

Question 83

what is the purpose of costs management?

Answer 83

costs 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