Case Management, Sanctions, Striking Out and Discontinuance Flashcards
1
Q
what are the 4 tracks in order
A
small
fast
intermediate
multi-track
2
Q
what claims does the small claims track apply to?
A
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
3
Q
what does damages for personal injuries means?
A
damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.
4
Q
why type of claims must the court not allocated to the small claims track
A
claims in respect of harassment or unlawful eviction
5
Q
when is the fast track a normal claim for which claims?
A
(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.
6
Q
when might the court consider that the fast track is a normal track for claims under 26.9(6)?
A
(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.
7
Q
what type of claims is the intermediate track
A
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.
8
Q
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
A
true
9
Q
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
A
true
10
Q
what types of claims are normal to be on the small track
A
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.
11
Q
what types of claims are normal to be on the fast track?
A
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.
12
Q
what types of claim are normal to be on intermediate track
A
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.
13
Q
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.
A
true
14
Q
what does 26.1 states that CPR 26 can do
A
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.
15
Q
what does 26.7 allow the court to do
A
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
16
Q
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
A
true
17
Q
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.
A
true
18
Q
true or false:
the court may hold an allocation hearing if it thinks it is necessary
A
true
19
Q
true or false:
if a party fails to file a directions questionnaire, the court may give any direction it considers appropriate
A
true
20
Q
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)
A
true
21
Q
under 26.13, when deciding the track for a claim, the matters to which the court shall have regard to include which factors?
A
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
22
Q
when will the court consider the claim of each claimant separately when it assesses financial value under 26.13(3)?
A
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.
23
Q
true or false:
when it has allocated a claim to a track, the court will serve notice of allocation on every party?
A
true- see 26.17
24
Q
under 26.18, what may the court do on application or on its own initiative subsequently?
A
reallocate a claim to a different track or reassign a claim to a different complexity band
25
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
26
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
27
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
28
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.
29
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
30
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
31
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
32
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
33
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.
34
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
35
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
36
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
37
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
38
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
39
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
40
true or false:
a period of time expressed as a number of days shall be computed as clear days?
true
41
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.
42
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.
43
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.
44
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.
45
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
46
what powers do the court have of management under 3.1(2)?
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;
(c) require that any proceedings in the High Court be heard by a Divisional Court of the High Court;
(d) require a party or a party’s legal representative to attend the court;
(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;
(f) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
(g) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;
(h) consolidate proceedings;
(i) try two or more claims on the same occasion;
(j) direct a separate trial of any issue;
(k) decide the order in which issues are to be tried;
(l) exclude an issue from consideration;
(m) dismiss or give judgment on a claim after a decision on a preliminary issue;
(n) order any party to file and exchange a costs budget;
(order the parties to engage in alternative dispute resolution and
(p) 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.
47
when a court makes an order, what may it do as specified under R3.2(3)?
(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.
48
49
what is the mediation service?
the Small Claims Mediation Service operated by His Majesty's Courts and Tribunals Service.
50
what will the court disregard when assessing the financial value of the claim?
any amount not in dispute
any claim for interest
costs and
any contributory negligence
where claim is or includes a claim for non-monetary relief, any amount prescribed by 45.45(1)(a)(ii) and 45.50 (2)(b)(ii)
51
when will the claim be referred to the mediation service?
Where all parties indicate on their directions questionnaire that they agree to mediation.
52
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?
(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.
53
under 26.7, when shall the court allocate the claim to a track and where applicable assign it to a complexity band?
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
54
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.
true
55
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?
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.
56
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
57
when might the court hold an allocation hearing or an assignment hearing?
if it thinks it is necessary.
58
what may the court do if a party fails to file a directions questionnaire?
the court may give any direction it considers appropriate.
59
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?
(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.
60
When does r26.8 apply?
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.
61
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?
small claims track.
62
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.
true.
63
what claims are the small claims track a normal track for?
(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.
64
how is a road traffic accident defined?
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 .
65
true or false:
the small claims track is the normal track for any claim which has a value of not more than £10,000.
true
66
when deciding the track for a claim, the matters to which the court shall have regard include what?
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
67
true or false:
the court may subsequently re-allocate a claim to a different track?
true.
68
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)
true.
69
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.
true.
70
who assesses the financial value of the claim?
the court
71
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?
true
72
which general principles will the court apply when deciding whether an amount is in dispute?
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.
73
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.
true.
74
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.
true
75
how long does the court regard a day and when do they use this length of time to consider?
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.
76
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 .
true.
77
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?
false:
it isn't a conclusive reason for the court to allocate or re-allocate the claim to the multi-track.
78
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
79
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
true
80
when may a party appeal or apply to the court to re-allocate the claim?
where they are dissatisfied with an order made allocating the claim to a track
81
when should a party appeal?
if the order was made at a hearing at which he was present or represented or of which he was given due notice.
82
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?
true.
83
where the court has made a direction in accordance with para 3.2(2)(bb), where shall the proceedings be heard?
by a Divisional Court of the High Court and not by a single judge.
84
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
true
85
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.
true
86
when exercising the court's power under 3.2(5), what must the court have regard to?
(a) the amount in dispute; and
(b) the costs which the parties have incurred or which they may incur.
87
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.
true
88
a power of the court under these rules to make an order includes a power to do what?
vary or revoke the order
89
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.
true
90
when does 3.1A apply?
where at least one party
91
when exercising any powers of case management, what must it have regard to?
the fact that at least one party is unrepresented
92
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
true
93
true or false:
The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
true
94
at any hearing where the court is taking evidence, what may this include?
(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.
95
true or false:
the court must adopt such procedure at any hearing as it considers appropriate to further overriding objective
true
96
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 further the overriding objective
true
97
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.
true
98
where the court proposes to make an order of its own initiative, what may it do?
(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.
99
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
(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.
100
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.
true
101
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
true
102
When must an application under para 3.3 5(a)be made?
(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.
103
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.
true
104
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.
true
105
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.
true
106
when does r3.5(1) apply?
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.
107
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).
true
108
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.
true
109
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.
true
110
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.
true
111
which part 7 multi-track cases does 3.12 not apply to?
(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.
112
which multi-track cases does part 7 not apply to?
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.
113
what is the purpose of costs management?
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
