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 happens if the court issues an order without a hearing?
The order must state that parties can apply to set aside, stay, or vary it within:
* A specified period, or
* 7 days if no period is given.
What is striking out?
Removing parts or all of a party’s statement of case, making it unusable in court.
When can the court strike out a case?
On its own initiative or upon application.
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
* Failure to comply with court rules or orders
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?
Up to £10,000, except personal injury/housing repair cases (special limits apply).
What is the limit for the Fast Track?
Up to £25,000, trial within one day, limited expert evidence.
What is the Multi-Track used for?
For complex or high-value cases.
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 types of cases are included in the Small Claims Track?
Types include:
* Consumer disputes
* Low-value personal injury claims
* Parking fines
* Holiday disputes
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?
A legal representative with full authority. 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 form is used for cost budgeting?
Precedent H.
What is a Costs Management Order (CMO)?
A court order approving reasonable and proportionate costs.
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 (justice, efficiency, compliance with rules)
What is the outcome of the Denton case regarding late witness statements?
Late witness statements: Breach was serious → Relief refused.
What was the decision in Decadent Vapours regarding late court fee payment?
Late court fee payment: Minor delay → Relief granted.
What happened in the Utilise TDS case regarding filing a budget late?
Filing budget 45 minutes late: Trivial breach → Relief granted.
