Chapter 7

Question 1

Which judges exercise case management decisions?

Answer 1

District, Masters and Circuit.

Question 2

What are the 3 tracks?

Answer 2

Small claims - low value claims up to £10k
Fast track - between £10k - £25k
Multi- track - over £25k

Question 3

How do the court control and monitor cases?

Answer 3

Timetables, control costs, disposing of cases and combining several aspects of management in one stage.

Question 4

How can the court punish a party for not complying with the directions it makes?

Answer 4

Wasted costs order & unless order.

Question 5

Can the party’s vary the timing of the timetable imposed by the court?

Answer 5

If they agree between themselves they can up to 28 days as long as it doesn’t affect the hearing date.

If one party does not agree the other can apply to the court to vary the timings.

Question 6

What sanctions can the court impose for not complying with directions?

Answer 6

Striking out - whole or part of a claim
Disallowing evidence
Interest - refuse interest
Payment into court
Unless order
Costs

Question 7

What is the difference between a summary order and striking out?

Answer 7

Summary - the claimant or defendant have no real prospect of succeeding

Struck out - no reasonable grounds, abused the court process or fail to comply with directions.

Question 8

What will the court take into account when assessing costs?

Answer 8

The parties conduct during proceedings

Question 9

What are the two ways to asses costs?

Answer 9

Indemnity and standard

Question 10

What is qualifying one way costs shifting?

Answer 10

Relates to personal injury claims. The claimant will not be required to pay the defendants costs if they are unsuccessful.

They will lose this protection if they are dishonest.