case managment Flashcards
case management
The court has a duty to manage cases throughout the entire path of an action. It does this by making directions as to** the steps that the parties must take to prepare the case for trial and the timescale within which those steps must be taken. **
Case management is by the Masters, District Judges, and
Circuit Judges and occurs at various stages through the life of the claim, notably at allocation and pre-trial.
TRACK ALLOCATION
- After the defendant fles a defence, usually the frst bit of
case management a court undertakes is to allocate the case
to the appropriate court track. 2. There are three tracks: the
small claims track, the fast track, and the multi-track - The court will send the parties a notice of proposed track allocation, together with a Directions Questionnaire which the parties must complete and return within 28 days.
The Court Ignores Sums Not in Dispute
In determining the value of a claim, the court ignores any sums not in dispute, interest, costs, and contributory negli-gence.
THE SMALL CLAIMS TRACK
- The small claims track is intended to be the procedure for the most straightforward claims, with an upper limit of £10,000,
although the court may allocate claims with a higher value to the small claims track if the parties agree or if less than
£10,000 is actually in dispute even though the total claim
is for more.
2.Personal injury claims with a fnancial value of not more
than £10,000 if the value of any claim for damages for
personal injuries is not more than £5,000 in a claim aris-
ing from a road trafc accident;
3.For £1,500 in any other claim for personal injuries; o
4.A claim by a residential tenant for the landlord to carry
out repairs or works where the works are estimated to
cost no more than £1,000 and the fnancial value of any
other claims is not more than £1,000. - harassment and unlaw-ful eviction claims will not be allocated to the fast track
Setting Aside a Small Claims Decision
A party may apply to set aside a decision in the small claims court if they were not in attendance at the hearing. They
need to make an application within 14 days of service of the order showing:
*They had good reason for not attending; and
*Their claim or defence has reasonable prospects of suc-
cess.
THE FAST TRACK
- The fast track is the normal track where a claim has a value** be-tween £10,000 and £25,000**.
- The threshold for personal injury cases is £5,000 for road trafc accident cases except wherethe claim (1) is for personal injuries arising from a road trafc
accident that occurred on or after 31 May 2021; (2) is made by
a child or a protected party or a person who, on the date the
claim was frst presented via the Pre-Action Protocol for Low
Value Personal Injury Claims in Road Trafc Accidents, was a
child; and (3) includes a claim for a whiplash injury. In these
cases, the claim must be issued on the fast track even if it isworth less than £5,000. 3. However, as a fast track trial cannotexceed one day, a claim will not be suitable for the fast track
and must be allocated to the multi-track if the trial will exceed
one day or if each party proposes to instruct more than two ex-perts or expert evidence is required from more than two felds.
Restriction of Evidence
Fast Track
Courts restrict expert evidence in fast track claims. The
emphasis is on written rather than oral evidence. The use of single joint experts in fast track cases is encouraged.
Factors to consider on
track allocation
.Value of claim for damages
.Does the claim involve a personal injury claim or a protected party
ls it complex - law, evidence, test case
.Claim may be moved up to a higher track beyond financial value of claim. e.g., Claim for £15,000 moved to multi-track because of 2 days trial
THE MULTI-TRACK DESIGNATION
The multi-track normally applies to claims with a value in ex-cess of £25,000 or where the claim may have a lesser value but the trial will last more than one day. Parties may issue
multi-track cases in the County Court or the High Court.
Points in the Directions Questionnaire
Matters that the parties must address in a Directions Ques-tionnaire include:
*Whether the parties have complied with the pre-action
protocol;
*Case management information (such as track allocation,
details of any applications, and what directions are pro-
posed as to disclosure and inspection) and any amend-
ments required to Statements of Case or further informa-
tion requests;
*Whether experts are required and, if so, their identities
and felds of expertise, why they are needed, and antici-
pated cost;
*The names of witnesses and the issues to which their
evidence relates;
*An estimate of the length of the trial;
*Details of the anticipated costs of the proceedings; and
*Trial periods and pre-trial checklists.
Small Claims Directions
Documents to be exchanged 14 days before the hearing;
Documents to be filed or originals brought to court;
Provision for the final hearing date;
Encouragement to try to agree the claim;
That no expert may be used without express permission.
Fast Track Directions
Applications to Vary
If a party is not happy with the directions given by the court, they can apply to vary, but they must do so within 14 days,
failing which the court may assume they have accepted the directions given.
MULTI-TRACK DIRECTIONS
- In multi-track cases, there tends to be no set timetable.
- For high value and complex multi-track claims, the court will
list the case for** a Case Management Conference, normally requiring the parties to fle disclosure reports at least 14 days before, and costs budgets seven days before**, the hearing. - The fling of a case summary is mandatory. A case summary is a brief synopsis of the claim for the judge’s beneft, setting out the main issues in the case. At the Case Management
Conference, the District Judge will give directions.
Case Management Conference
A Case Management Conference is an opportunity for the
court to take stock of the case and consider the further steps that may be necessary to prepare the matter for trial.
