Dispute Resolution - Case Management

Question 1

Track Allocation

Answer 1

Small claims track: not exceeding £10,000 (or £1,000 in PI claims)

Fast track: claims exceeding £10,000 but not exceeding £25,000

Multi track: claims exceeding £25,000

Question 2

Small Claims Track

Answer 2

Most straightforward claims

If claim is for more than £10,000 but less than this is in dispute, can still be allocated to small claims track

Less formal procedure - number of CPRs do not apply and rules on disclosure different

Hearing can take place without parties in attendance

Recoverable costs restricted to fixed costs and reasonable expenses

Easier for party to represent themselves

Application to set aside decision by party not in attendance

Experts costs restricted to £750

Question 3

Fast Track

Answer 3

Cases with value of £10,000 - £25,000 or claims for PI in excess of £1,000

Tight time management of claims - CPR expects trial to take place within 30 weeks of allocation

Emphasis on written rather than oral evidence and joint experts encouraged

Directions standardised

Costs schedules are required

Question 4

Multi-track

Answer 4

Cases with a value in excess of £25,000 or claims with lesser value but trial will last for more than 1 day

Court expects parties to discuss and agree to directions

Greater flexibility for judges to make decisions

Stays for ADR are encouraged

Flexibility for experts - parties can usually instruct their own experts and in more than one field

CCMC - Costs and case management conference

Question 5

Directions Questionnaire

Answer 5

Must be returned in 28 days

No extension can be agreed

Purpose: to provide court with information required enabling it to allocate the case to the correct track and make appropriate directions in accordance with overriding objective

Parties must address certain matters:

• Whether stay for ADR is required
• Whether parties have complied with Pre-Action Protocol
• Whether experts are required, why needed and anticipated costs
• Names of witnesses
• Estimate length of trial
• Anticipated costs of proceedings

Question 6

Case Management Directions

Answer 6

Small claims track:

• Standardised
• Documents to be exchanged 14 days before hearing, documents to be filed or originals brought to court, provision for final hearing date, encouragement to agree claim, experts require express permission
• Party can apply to vary directions but this must be done within 14 days

Fast track:

• Standardised
• Disclosure of required information within.4 weeks, exchange of WSs within 10 weeks, an exchange of any expert report within 14 weeks, pre-trial checklist to be sent at 20 weeks and returned by 22nd week, date of trial within 30 weeks
• Party can apply to vary directions but this must be done within 14 days

Multi-track:

• Generally no standardised directions
• CMC will often be listed to set directions

Question 7

Case Management Conference (CMC)

Answer 7

Court will:

• Review steps taken to progress claim
• Review compliance with directions
• Consider any further directions or orders necessary
• Encourage agreement where possible

Court determines how soon trial can take place and sets trial period

Question 8

Typical Directions for Multi-Track claims

Answer 8

• Time limits for responding to requests for further information
• What disclosure must be made
• Number of witnesses the parties may call and provision for exchange of witness statements
• Whether experts may be used

Question 9

Non-compliance with directions

Answer 9

Sanctions are discretionary to the judge

• May lead to court striking out the claim, defence or counter-claim - drastic remedy and court will usually not consider it unless the non-defaulting party has applied for unless order, the court has given the order and party still not complied
• An unless order directs the party to comply within a specific trimescale and specifies the penalty unless order is complied with
• Court may also impose a costs order, award indemnity costs or increased interest
• Require defaulting party to pay money into court
• Debar a party from relying on evidence
• Restrict number of witnesses a party can call
• Disallow evidence

Question 10

Relief from sanctions

Answer 10

• Seriousness of breach
• Why breach occurred
• Circumstances of the case
• Efficiency and proportionality