Case Managment And Disclosure Of Documents Flashcards
What is CPR ?
Civil procedure rules
What is the overriding objective of CPR ?
For courts to deal with cases justly and at a proportionate cost
What is the procedure for allocating case to a track ?
Court will serve a notice of proposed allocation to which the parties must file a completed directions questionnaire (N181).
What claims will be allocated to the small claims track ?
Claims for £10k or less (£5k for personal injury)
What claims will be allocated to the fast track ?
Claims between £10k and £25k
What claims will be allocated to multi-track ?
Claims for more then £25k
What is a CMC and when is it used ?
Case management conference - used in complex multi track cases to determine how case should proceed to trial.
What happened if a party fails to keep to directions timetable ?
Other party may apply for an order enforcing compliance or for sanctions
(Trial date is sacrosanct)
How are costs managed ?
Parties are required to provide a cost budget in the prescribed form.
What happens if there is a failure to file a costs budget on time ?
Party will not be able to recover any of its future legal costs apart from court fees from other party.
In what scenario might a court strike out a statement of case (brining claim to halt) ?
Statements of case discloses no reasonable grounds for bringing or defending claim
There has been a failure to comply with a rule practice direction or court order
How can a party obtain relief from court sanctions ?
Must promptly make application to overturn penalty + support to application with evidence addressing - - significance of failure
- why failure occurred
- evaluate circumstances for court to deal with it justly
What is disclosure ?
Serving a list of documents to other party - disclose it by stating it exists or has existed.
What is required of disclosure on small claims track ?
Each party shall at least 14 days before the date of hearing, file and serve copies of all documents they intend to rely on
What disclosure is required on fast track claims ?
Standard disclosure order is usual
What disclosure is required on multi-track claims ?
Standard disclosure is usually ordered
What is standard disclosure ?
Requires parties to disclose:
- documents on which they rely
- documents that adversely affect their own case, adversely affect other party’s case, and support each case
What does it mean that duty to disclose is limited to documents in the party’s control ?
- Documents that are or were in their physical possession
- Documents they have a right to posses
- Documents they have a right to inspect
What documents are parties required to make reasonable and proportionate search for under duty to search ?
- Documents that adversely affect their own case
- documents that adversely affect another party’s case
- documents that support another party’s case
What limitations are there on the parties duty to search ? (Any limitations need to be justified)
- Documents that came into existence before a certain date.
- Particular place they searched
- limiting to categories of documents
How is disclosure made ?
Once party has gathered documents together. They are disclosed by list on N265 form
What is included in part 1 documents on N265 disclosure form ?
Documents in party’s control which they don’t object to other party inspecting
What is included in part 2 documents in N265 disclosure form ?
Documents in party’s control but there is an objection to inspection
What is included in part 3 documents on N265 disclosure form?
Documents not privileged from inspection, but are no longer in party’s control
What documents can be legitimately withheld and how are they disclosed ?
If they fall under definition of legal professional privilege.
- Other parties cannot inspect them
- Must be described generically
What must be true for documents to be legal professional privilege and therefore withheld from inspection in disclosure ?
legal advice privilege or litigation privilege which must must;
- passing between the client or lawyer and third party
- came into existence when litigation was contemplated
- produced with the view of litigation
What is the right of inspection?
Having received opponents N625 list they can inspect documents in part 1 (part 2 are protected by privilege and no longer have part 3).
What is an order for disclosure ?
CPR mechanism for parties dissatisfied with opponents efforts to disclose
What is specific disclosure under order for disclosure ?
Request for party to:
A) carry out more extensive search
B) disclose any further documents located as a result of that search
C) disclose specific documents party would have expected to see
What is disputing privilege under order for disclosure ?
If party believe opponent has abused privilege to hide documents application can be made to produce document to determine if it has been categorised correctly
What is an application for pre-action disclosure ?
Application to see documents before claim form being issued to assess strength of their case.
What must be satisfied for a application for pre-action disclosure ?
Supported by witness statement and court satisfied that:
- both applicant and respondent likely to be a party to subsequent proceedings
- documents sought would come under standard disclosure
- disclosure is desirable to dispose fairly of anticipated proceedings
When can a party make application for non-part disclosure ?
When third party has documents. Will be ordered if:
- documents in question are likely to support the applicants case or adversely affect case of another party
- disclosure is necessary to dispose fairly of case to save costs
