Costs and Case Management Flashcards
What is the court’s duty to manage cases?
CPR 1.4
Justly and at proportionate cost
Within a reasonable time
By proportionate use of court and party resources
What kind of things will the court do to manage a case?
CPR 1.4
Encourage co-operation
Identify issues early
Consider ADR
What CPR governs the court’s cost management powers?
CPR 3.12 — 3.19
Where can you find a list of the court’s general powers of management?
CPR 3.1
What is a strike out and what CPR does it fall under?
The deletion of material from a statement of case so no party can rely on it.
CPR 3.4
On what grounds can the court make a strike out?
a) No reasonable grounds
b) Abuse of process
c) Failure to comply with a rule/direction/order
What sanctions can the court impose?
CPR 3.1
a) Order subject to conditions
b) Specify the consequences of failure
4) Take into account failure to comply with pre-action protocol
5) Order a payment into court
(also costs order and interest limitation)
What is an unless order?
An order that gives an automatic sanction, UNLESS, the party complies with a court order.
What CPR deals with non-compliance with orders imposing sanction?
CPR 3.8
What is CPR 3.9?
Relief from sanctions.
What is an in-time application?
Where the party applies before the deadline is reached for extension.
Hallam v Baker
Cannot disrupt court dates.
What three tracks can a case be allocated to and what is their scope?
Small Claims Track
- less than £10,000
Fast Track
- less than £25,000
- no longer than one day
- one expert per party
Multi Track
- everything else
What is the name for the document the court gives which provisionally tells the parties the track their case is in?
Notice of Proposed Allocation - CPR 26.3(1)
Name a few of the other matters the court will consider in allocation.
CPR 26.8(2)
How do the court determine the track allocation?
Through the info given in the Directions Questionnaire.
What form is the Directions Questionnaire on?
N181 for Fast Track and Multi-Track
What is a disclosure report?
In multi-track cases, both parties have to produce a Disclosure Report that details:
What documents exist
Where they are located
How electronic files are stored
Range of costs for disclosure
List the features of the Directions Questionnaire?
1) Pre-action protocol
2) Settlement
3) Disclosure
4) Witnesses
5) Expert evidence
6) Trial time estimate
7) Costs
8) Directions
9) Other important matters
What is the CMC for?
To attempt to agree on directions and costs. This can encourage settlement after the parties see how much they could lose.
What cases are exempt from cost-management?
Claims over £10,000,000
What is the deadline for filing and exchanging costs budgets?
CPR 3.13
With the directions questionnaire if under £50,000.
Not later than 21 days before the first CMC.
What form is the costs budget written on?
Precedent H
Once the costs budget forms are filed, what form do the parties use to discuss the budgets?
Precedent R
What can the court do to if they feel that costs are not proportionate?
CPR 3.15
If the court feel that the costs are not in accordance with the overriding objective, they can make a costs management order.
