DR 9

Question 1

What is the overriding objective?

Answer 1

The court is to deal with cases in a proportionate, expeditious and fair manner

Question 2

When court sends the parties a notice of proposed track allocation, within what time limit must the parties complete and return the Directions Questionnaire which is sent with it?

Answer 2

28 days

Question 3

In determining the value of the claim, what four things will the court ignore?

Answer 3

1. Sums not in dispute2. Interest3. Costs4. Contributory negligence

Question 4

What is the normal threshold for claims in the Small Claims Track and what are the exceptions to this?

Answer 4

Normally £10,000. Personal claims arising from a RTA where the damages for pain, suffering, and loss of amenity for the injury is not for more than £5,000 except:* The injury claim is for £1,000 in a RTA claim that occurred before the 31 May 2021 or * After the 31 May 2021 and the claimant is a child or protected party * includes a claim for whiplash All other injury claims remain at £1,500 (e.g., personal injury claims for employer’s liability and public liability)In the case of (a), (b), or (c) above, the claim should be allocated to the fast track.

Question 5

When might the court allocate claims with a higher value than the small claims track threshold, to the small claims track?

Answer 5

• Parties agree or * Less than £10,000 is actually in dispute even if the claim is for more

Question 6

Unless the other side has behaved unreasonably, what costs can be recovered on the small claims track, and what is the upper limit for expert fees?

Answer 6

Fixed costs and reasonable expenses in attending.Expert fees limited to £750.

Question 7

What condition must be met for a party to set aside a small claims decision, within what time period of service of the order must they make an application and what are the two criteria they must satisfy to succeed on the application?

Answer 7

They must not have been in attendance at the hearing.Application must be made within 14 days of service of the order.They must show:1. They had good reason for not attending, and2. Their claim or defence has reasonable prospects of success

Question 8

What are the range/threshold on the fast track for (1) claims generally, (2) road traffic accidents, and (3) personal injury generally?

Answer 8

1. £10k - 25k2. £5k (see rules above regarding children, whiplash etc)3. £1,500

Question 9

What is the other category of case which can be dealt with on the fast track?

Answer 9

Cases with no monetary value

Question 10

If a case is allocated to the fast track, within what time limit must the trial take place?

Answer 10

30 weeks

Question 11

In the fast track, what must costs be in order to be recoverable?

Answer 11

Proportionate to the amount in dispute

Question 12

In what two ways is expert evidence restricted on the fast track?

Answer 12

1. Court prefers written rather than oral evidence (witness evidence will stand as evidence in chief - no need to testify in court) 2. Use of single joint expert is encouraged

Question 13

What is true of witness statement evidence on the fast track?

Answer 13

It stands as evidence in chief meaning it has the same weight as if the witness had testified in court

Question 14

How are costs dealt with on the fast track?

Answer 14

The trial judge will usually summarily assess costs at the conclusion of the trialThe parties are required to submit costs schedules ahead of the hearing

Question 15

What is the monetary threshold and what is the time threshold for a case to be put in the multi-track?

Answer 15

Claim exceeds £25k, or a lesser value but trial will last more than one day

Question 16

On the multi-track, can a party have its own expert and can it have experts in multiple disciplines?

Answer 16

Yes

Question 17

Who is required to complete directions questionnaires?

Answer 17

Parties to fast track and multi-track cases. The questionnaire will be sent out by the court along with the Notice of Allocation.

Question 18

What points must parties address in the Directions Questionnaire?

Answer 18

NAME?

Question 19

Even though the Directions Questionnaire must be returned within 28 days of service of the order, what possible extension of this is available if the parties agree?

Answer 19

None. This period cannot be extended.

Question 20

At what stage is a Directions Order made?

Answer 20

Once the case is allocated to a track

Question 21

What do small claims directions normally include?

Answer 21

1. Documents to be exchanged at least 14 days before hearing2. The hearing date3. No expert may be used without express permission

Question 22

On the fast track, from when the Directions Order is made, how many weeks will it generally be until:1. Disclosure2. Witness statement exchange3. Expert report exchange4. Pre-trial checklist5. Return of pre-trial checklists, and6. Trial?

Answer 22

1. Disclosure: 4 weeks2. Witness statement exchange: 10 weeks3. Expert report exchange: 14 weeks4. Pre-trial checklist sent: 20 weeks5. Return of pre-trial checklists: 22 weeks6. Trial: 30 weeks

Question 23

If a party is not happy with the directions given by the court, within what time limit must they apply for the directions to be varied?

Answer 23

14 days

Question 24

What is the purpose of the pre-trial checklist?

Answer 24

To check that the parties have complied with directions, and consider what else may be required to prepare the case for trial

Question 25

When are multi-track directions usually given?

Answer 25

At a Case Management Conference

Question 26

When a Case Management Conference is listed on the multi-track, what will the court require the parties to do in advance?

Answer 26

1. File a disclosure report 14 days before the conference2. File a cost budget 7 days before the conference3. File a case summary setting out the main issues in the case.

Question 27

What directions are usually given regarding multi-track cases?

Answer 27

• Encouragement for the parties to consider ADR* Disclosure requirements* The number of witnesses the parties may call and provision for exchange of witness statements* Costs budgeting provisions-either approval or amendment of the parties’ submitted costs budgets

Question 28

What should the innocent party do in the other party defaults on the directions?

Answer 28

Make an immediate application to the court

Question 29

Where a party has defaulted on directions, and the innocent party has made an application to court about this, what is one type of order that the court will typically make which gives the party an opportunity to comply, and what is the impact of this?

Answer 29

The court will make an unless order, which specifies a penalty which will be imposed unless the party complies with the direction. This can include striking out the claim, defence or counterclaim

Question 30

Where a party has defaulted on directions, what are four other options available to the court?

Answer 30

1. Impose a costs order2. Award indemnity costs, or increased interest3. Require the defaulting party to pay money into court4. Debar a party from relying on evidence

Question 31

Are minor breaches of directions considered a default?

Answer 31

No, as long as the parties keep to the dates of the Case Management Conferences, pre-trial reviews, and the trial

Question 32

Where a party has a good reason for non-compliance and applies for relief from sanctions, what two things will the courts consider?

Answer 32

1. Seriousness of the breach, and2. Reasons for the breach