Dispute Resolution

Question 1

What are the six factors under the court’s overriding objective of dealing with cases justly and at a proportionate cost?

Answer 1

(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways that are proportionate to:
— the amount of money involved
— the importance of the case
— the complexity of the issues and
— the financial position of each party;
(d) ensuring that the case is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, whilst taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.

Question 2

What are the three types of track a case may be allocated to?

Answer 2

• small claims track
• fast track
  -multi-track

Question 3

What are the ten sections of a directions questionnaire?

Answer 3

A: Settlement (one month stay)
B: Court (which?)
C: Pre-action protocols (have you complied?)
D: Case management information (applications, extent of disclosure, objections to provisional allocation)
E: Experts (expert evidence, cost)
F: Witnesses (key roles)
G: Trial (estimate length)
H: Costs (costs budget for multi-track)
I: Other
information
J: Directions (standard directions - fast track; specimen directions - multi-track

Question 4

What happens if a party fails to complete the directions questionnaire?

Answer 4

County court money claims: court serves notice requiring compliance within 7 days. Failure = statements of case struck off
Other cases = court makes order as appropriate

Question 5

‘small claims’ are those with a financial value of…

Answer 5

£10,000 or less
Road traffic claims = £5,000 or less (after 31 May 2021)

Question 6

‘Fast track’ claims are those with a financial value of…

Answer 6

between £10,000.01 and £25,000

Question 7

parties to a fast track claim agree in writing to vary the timetable and the trial date. Is it valid?

Answer 7

The court must agree to the timetable change. However, the trial date cannot be varied

Question 8

‘Multi-track’ claims are those with a financial value of…

Answer 8

more than £25,000

Question 9

what is the function of a case management conference?

Answer 9

to ensure that appropriate directions relating to the management of the case are given.

Question 10

what is a wasted costs order (case management conferences)

Answer 10

Where the inadequacy of the person attending leads to adjournment, the court may order that the other party’s costs incurred in preparing for and attending the hearing are paid by either the solicitor personally or their firm

Question 11

What three things should a case summary include?

Answer 11

1. agreed issues of fact
2. issues in dispute
3. Evidence Required to Deal with the Disputed Issues

Question 12

Although multi-track direction timings are more flexible than fast-track ‘standard’ directions, only with an application to the court can the parties make changes to:

Answer 12

(a) any case management conference;
(b) a pre-trial review;
(c) the return of a pre-trial checklist; or
(d) the trial or the trial period.

Question 13

If a party fails to keep precisely to the directions timetable,

Answer 13

any other party may apply for an order enforcing compliance and/or for a sanction to be imposed.

Question 14

When must cost budgets be filed?

Answer 14

1) with the directions questionnaire for claims of less than £50,000; and
2) within 21 days before the first CMC for all other claims.

Question 15

When must a budget discussion report be completed?

Answer 15

at least 7 days before the first CMC

Question 16

Harvey, a wealthy businessman, is demanding that the claimant, Tom, participate in multiple hearings and case management conferences. It appears that these are uneccesary and are raking up legal costs for Tom. What should Tom do?

Answer 16

Tom should make an application to the court because Harvey is acting oppressively. The court will grant such relief as may be appropriate

Question 17

What happens if a party files their costs budget late, or not at all?

Answer 17

unless the court orders otherwise, the party will be treated as having filed a costs budget consisting only of the court fees.

Question 18

A costs management order will a) have what effect, and b) will consist of what?

Answer 18

a) bind the parties unless there is goodd reason for it not to,

b)
1. record the extent to which any incurred or budgeted costs are agreed between the parties; and
2. in respect of the budgeted costs that are not agreed, record the court’s approval after making appropriate revisions.

Question 19

If there is no costs management order, and the costs claimed vary from the budget…

Answer 19

• if there is a difference of 20% or more, the party must provide a statement of reasons
• The court will then decide whether these additional costs are recoverable

Question 20

When would a court normally strike out a case?

Answer 20

1) the statement of case discloses no reasonable grounds for bringing or defending the claim; and
2) there has been a failure to comply with a rule, practice direction or court order.

Question 21

To seek a reprieve from a penalty imposed, the party must apply promptly and support their application with evidence addressing what three factors?

Answer 21

a) the seriousness or significance of the relevant failure. granted.
(b) why the failure or default occurred.
(c) all the circumstances of the case which enable the court to continue justly with the application (such as the impact granting relief would have)

Question 22

How will disclosure on a small claims track usually occur?

Answer 22

file and serve on every other party copies of all documents at least 14 days before the hearing that they wish to rely on those documents

Question 23

How will disclosure on a small claims track occur?

Answer 23

an order for standard disclosure will invariably be made