Case Managment And Disclosure Of Documents

Question 1

What is CPR ?

Answer 1

Civil procedure rules

Question 2

What is the overriding objective of CPR ?

Answer 2

For courts to deal with cases justly and at a proportionate cost

Question 3

What is the procedure for allocating case to a track ?

Answer 3

Court will serve a notice of proposed allocation to which the parties must file a completed directions questionnaire (N181).

Question 4

What claims will be allocated to the small claims track ?

Answer 4

Claims for £10k or less (£5k for personal injury)

Question 5

What claims will be allocated to the fast track ?

Answer 5

Claims between £10k and £25k

Question 6

What claims will be allocated to multi-track ?

Answer 6

Claims for more then £25k

Question 7

What is a CMC and when is it used ?

Answer 7

Case management conference - used in complex multi track cases to determine how case should proceed to trial.

Question 8

What happened if a party fails to keep to directions timetable ?

Answer 8

Other party may apply for an order enforcing compliance or for sanctions

(Trial date is sacrosanct)

Question 9

How are costs managed ?

Answer 9

Parties are required to provide a cost budget in the prescribed form.

Question 10

What happens if there is a failure to file a costs budget on time ?

Answer 10

Party will not be able to recover any of its future legal costs apart from court fees from other party.

Question 11

In what scenario might a court strike out a statement of case (brining claim to halt) ?

Answer 11

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

Question 12

How can a party obtain relief from court sanctions ?

Answer 12

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

Question 13

What is disclosure ?

Answer 13

Serving a list of documents to other party - disclose it by stating it exists or has existed.

Question 14

What is required of disclosure on small claims track ?

Answer 14

Each party shall at least 14 days before the date of hearing, file and serve copies of all documents they intend to rely on

Question 15

What disclosure is required on fast track claims ?

Answer 15

Standard disclosure order is usual

Question 16

What disclosure is required on multi-track claims ?

Answer 16

Standard disclosure is usually ordered

Question 17

What is standard disclosure ?

Answer 17

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

Question 18

What does it mean that duty to disclose is limited to documents in the party’s control ?

Answer 18

• Documents that are or were in their physical possession
• Documents they have a right to posses
• Documents they have a right to inspect

Question 19

What documents are parties required to make reasonable and proportionate search for under duty to search ?

Answer 19

• Documents that adversely affect their own case
• documents that adversely affect another party’s case
• documents that support another party’s case

Question 20

What limitations are there on the parties duty to search ? (Any limitations need to be justified)

Answer 20

• Documents that came into existence before a certain date.
• Particular place they searched
• limiting to categories of documents

Question 21

How is disclosure made ?

Answer 21

Once party has gathered documents together. They are disclosed by list on N265 form

Question 22

What is included in part 1 documents on N265 disclosure form ?

Answer 22

Documents in party’s control which they don’t object to other party inspecting

Question 23

What is included in part 2 documents in N265 disclosure form ?

Answer 23

Documents in party’s control but there is an objection to inspection

Question 24

What is included in part 3 documents on N265 disclosure form?

Answer 24

Documents not privileged from inspection, but are no longer in party’s control

Question 25

What documents can be legitimately withheld and how are they disclosed ?

Answer 25

If they fall under definition of legal professional privilege.

• Other parties cannot inspect them
• Must be described generically

Question 26

What must be true for documents to be legal professional privilege and therefore withheld from inspection in disclosure ?

Answer 26

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

Question 27

What is the right of inspection?

Answer 27

Having received opponents N625 list they can inspect documents in part 1 (part 2 are protected by privilege and no longer have part 3).

Question 28

What is an order for disclosure ?

Answer 28

CPR mechanism for parties dissatisfied with opponents efforts to disclose

Question 29

What is specific disclosure under order for disclosure ?

Answer 29

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

Question 30

What is disputing privilege under order for disclosure ?

Answer 30

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

Question 31

What is an application for pre-action disclosure ?

Answer 31

Application to see documents before claim form being issued to assess strength of their case.

Question 32

What must be satisfied for a application for pre-action disclosure ?

Answer 32

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

Question 33

When can a party make application for non-part disclosure ?

Answer 33

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