Costs and Case Management

Question 1

What is the court’s duty to manage cases?

Answer 1

CPR 1.4

Justly and at proportionate cost

Within a reasonable time

By proportionate use of court and party resources

Question 2

What kind of things will the court do to manage a case?

Answer 2

CPR 1.4

Encourage co-operation

Identify issues early

Consider ADR

Question 3

What CPR governs the court’s cost management powers?

Answer 3

CPR 3.12 — 3.19

Question 4

Where can you find a list of the court’s general powers of management?

Answer 4

CPR 3.1

Question 5

What is a strike out and what CPR does it fall under?

Answer 5

The deletion of material from a statement of case so no party can rely on it.

CPR 3.4

Question 6

On what grounds can the court make a strike out?

Answer 6

a) No reasonable grounds

b) Abuse of process

c) Failure to comply with a rule/direction/order

Question 7

What sanctions can the court impose?

Answer 7

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)

Question 8

What is an unless order?

Answer 8

An order that gives an automatic sanction, UNLESS, the party complies with a court order.

Question 9

What CPR deals with non-compliance with orders imposing sanction?

Answer 9

CPR 3.8

Question 10

What is CPR 3.9?

Answer 10

Relief from sanctions.

Question 11

What is an in-time application?

Answer 11

Where the party applies before the deadline is reached for extension.

Hallam v Baker

Cannot disrupt court dates.

Question 12

What three tracks can a case be allocated to and what is their scope?

Answer 12

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

Question 13

What is the name for the document the court gives which provisionally tells the parties the track their case is in?

Answer 13

Notice of Proposed Allocation - CPR 26.3(1)

Question 14

Name a few of the other matters the court will consider in allocation.

Answer 14

CPR 26.8(2)

Question 15

How do the court determine the track allocation?

Answer 15

Through the info given in the Directions Questionnaire.

Question 16

What form is the Directions Questionnaire on?

Answer 16

N181 for Fast Track and Multi-Track

Question 17

What is a disclosure report?

Answer 17

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

Question 18

List the features of the Directions Questionnaire?

Answer 18

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

Question 19

What is the CMC for?

Answer 19

To attempt to agree on directions and costs. This can encourage settlement after the parties see how much they could lose.

Question 20

What cases are exempt from cost-management?

Answer 20

Claims over £10,000,000

Question 21

What is the deadline for filing and exchanging costs budgets?

Answer 21

CPR 3.13

With the directions questionnaire if under £50,000.

Not later than 21 days before the first CMC.

Question 22

What form is the costs budget written on?

Answer 22

Precedent H

Question 23

Once the costs budget forms are filed, what form do the parties use to discuss the budgets?

Answer 23

Precedent R

Question 24

What can the court do to if they feel that costs are not proportionate?

Answer 24

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.