DR 5 - Case management Flashcards
If an application is due to be heard at 10am on Wednesday 5 November, when is the latest that a statement of costs (N260) can be filed and served in relation to that application?
10am on Tuesday 4 November
The statement of costs must be filed and served party not less than 24 hours before the time fixed for the hearing.
In which circumstances will costs be summarily assessed?
At the end of fast-track trials and at the end of interim hearings lasting not more than one day.
A judge hearing a defendant’s application to extend the time for service of a defence has granted the defendant the full 28 day extension requested. In her judgment she is highly critical of the claimant for failing to agree to any extension and refers to aspects of the claimant’s conduct which have put the defendant in a difficult position in the proceedings so far. Given the above which of the following interim costs orders is the judge most likely to make.
The claimant to pay the defendant’s costs in any event
The judge has found in the defendant’s favour and is very critical of the claimant’s behaviour. The implication is that the judge has sympathy with the defendant and so is likely to award the costs it has incurred in bringing the application. The other options are not appropriate given the facts of the scenario. Costs thrown away relate to where a judgment or order is set aside, costs in the case would defer costs to final hearing and is less appropriate where the judge clearly favours one party’s position over the other and similarly no order as to costs ignores the fact that the judge is highly critical of the claimant’s conduct and sympathetic to the defendant’s position.
Where a CPR / PD / court order requires a party to do something and stipulates the consequences of failing to comply, by how long can the parties extend the deadline?
28 days (provided this does not put a hearing date at risk).
Once Directions Questionnaires have been filed, the Court will always order that there be an allocation hearing. True or false?
The court will only order an allocation hearing if it considers it necessary (CPR 26.5(4))
When should the parties file and serve a Directions Questionnaire?
No later than the date specified on the Notice of Proposed Allocation.
(CPR 26.3(6))
Putting aside personal injury claims / tenancy claims, the financial limit on the small claims track is:
£10,000
(CPR 26.6)
In relation to a claim allocated to the small claims track, the general rule is that even if successful at trial a party…
…can only recover limited fixed costs, court fees and witness expenses from an opponent.
When does the disclosure report need to be filed (assuming one is needed)?
Not less than 14 days before the first CMC
(CPR 31.5)
The parties must file agreed / proposed directions with the court….
At least 7 days before any CMC
(CPR 29.4)
The main purpose of a CMC is to…
Determine directions for the future conduct of the case.
