DR 9 - Case and Cost Management Flashcards
What are the court’s general case management powers?
The court can:
* Extend or shorten deadlines
* Adjourn or bring hearings forward
* Require parties/legal representatives to attend
* Stay proceedings or judgments
* Order costs budgets
Can the court act on its own initiative?
Yes, the court can issue orders or strike out cases without a party’s request.
What is striking out?
Removing parts or all of a party’s statement of case, making it unusable in court.
What are the grounds for striking out a case?
The grounds for striking out include:
* No reasonable grounds for claim/defence
* Abuse of process or obstruction of justice (e.g. misuse of court procedure)
* Failure to comply with court rules, practice direction or court orders [if fair hearing still possible, court unlikely to strike out but may impose order with lesser sanctions for non-compliance]
What happens if a case is struck out for non-compliance?
The other party may request judgment with costs.
What is the limit for the Small Claims Track?
- £10,000 or less
- Certain landlord-tenant repair claims not exceedings £1,000
What is the limit for the Fast Track?
For claims up to £25,000, provided that:
(a) the trial is likely to last no longer than one day (five hours); and
(b) there will only be oral expert evidence from one expert per party in each of no more than two expert fields
What is the Multi-Track used for?
For complex or high-value cases - all other types of cases
What is the limit for intermediate track cases?
Claims up to £100k (neither small or fast) and
- trial is likely to last no longer than 3 days
- Oral expert likely to be limited to 2 experts per party
What happens after a defence is filed?
The court issues a Notice of Proposed Allocation, requiring parties to:
* Submit a Directions Questionnaire (DQ)
* File proposed directions (fast/multi-track)
* Submit a costs budget (multi-track)
What factors determine allocation?
Factors include:
* Claim value (main factor)
* Claim complexity (legal/factual)
* Number of parties
* Oral evidence required
* Counterclaims/additional claims
* Public importance
* Party circumstances
Example: A claim of £26,000 for unpaid goods, only issue is delivery of goods. Although over £25k, court may still allow Fast Track if agreed.
What are the standard directions for Small Claims Track?
Standard directions include:
* Parties must file and serve documents 14 days before the hearing
* Original documents must be brought to court
* At least 21 days’ notice of the hearing is given
What are the cost rules for Small Claims Track?
Each party generally pays their own costs, except for fixed costs, court fees, and witness expenses.
What is a Case Management Conference (CMC)?
A hearing where the court reviews the case and issues directions.
What happens at a CMC?
The court considers:
* Clarity of statements of case
* Whether amendments are needed
* Disclosure and witness evidence requirements
* Expert evidence
* Splitting issues for efficiency
Who must attend the CMC?
Legal representative attending a CMC must be familiar with the case and have sufficient authority to deal with any issues likely to arise (like discussing directions / identifying issues).
Failure may lead to wasted costs orders.
What documents are required for a multi-track CMC?
Documents required include:
* Case Summary (max 500 words)
* Disclosure Report (14 days before CMC)
* Agreed Directions (7 days before CMC)
When must a costs budget be filed?
Costs budget must be filed:
* Claims under £50,000 → With Directions Questionnaire
* Other claims → 21 days before first CMC
What happens if a party exceeds their budget?
They must provide good reason, or the court may disallow the excess costs.
What if a party fails to file a costs budget?
They are treated as filing only court fees unless the court orders otherwise.
What types of sanctions exist for non-compliance?
Types of sanctions include:
* Interest reduction
* Adverse cost orders
* Strike-out of statement of case
What is an ‘Unless Order’?
A conditional order stating that non-compliance will lead to automatic sanction.
Can parties agree to extend time limits?
Yes, by up to 28 days, unless a rule or court order prohibits it.
When can a party apply for relief from sanctions?
If they fail to comply with a rule, PD, or court order.
What are the three stages of relief from sanctions (Denton Test)?
The stages are:
* Seriousness/Significance of breach
* Reason for Default
* All Circumstances (conducting the litigation efficiently, at proportionate cost and compliance with rules, PD and orders)
Late witness statements causing trial date to be vacated?
Late witness statements: Breach was serious → Relief refused.
Late court fee payment bc cheque delayed in post?
Late court fee payment: Minor delay → Relief granted.
