DR - prep for case

Question 1

What are the standard directions of the small claims track?

Answer 1

c) At least 21 days notice of the hearing date

a) Parties to file and serve copies of documents they intend to rely on no later than 14 days before the main hearing,

b) Original documents to be brought to the hearing

d) The court informed if the case settles between the parties ahead of time.

Question 2

What are the standard directions of the fast-track?

Answer 2

Disclosure - 4 weeks following notice of allocation
witness statements - 10 weeks
expert statements - 14
pre-trial check lists - 22 week
Trial date - 30 weeks

Question 3

What costs can be claimed in the small claims track?

Answer 3

• Very limited fixed costs
• Court fees
• Witness expenses

Question 4

What are the time limits for providing documents ahead of a Case Management Conference?

Answer 4

Ahead of CMC:
- 21 days exchange budgets (over £50k)
- 14 days disclosure report (not PI)
- 7 draft directions
- 7 days budget discussion report

Question 5

What is included in a disclosure report ahead of a CMC?

Answer 5

A report that:

a) briefly describes what relevant documents exist.
b) Where those documents are
c) How electronic documents are stored
d) estimate of costs of disclosure
e) which disclosure directions are sought
f) a statement of truth

Question 6

What are ‘case summaries’ in respect of a CMC?

Answer 6

A short doc of not more than 500 words prepared by Claimant and (if possible) agreed with other parties.

Question 7

What should ‘case summaries’ in respect of a CMC contain?

Answer 7

a) Chronology of the claim ⏱️📖
b) Factual issues agreed and in dispute; and 👇👍👎
c) the nature of evidence needed to decide them. 📑

Question 8

When should cost budgets be exchanged?

Answer 8

• Less than £50,000 = with parties’ directions questionnaires
• Over £50,000 = 21 days before first CMC
• budget discussion report 7 days

Question 9

Parties are required to discuss budgets with each other. When must the parties file and exchange Budget Discussion Reports?

Answer 9

• £50k- file and swap with trial questions
• £50k+ file and swap budgets 21 days before
• budget discussion 7 days before the first CMC

Question 10

What is included in a Budget Discussion Report?

Answer 10

• A brief summary of the grounds of dispute. ⏱️📖
• The figures which are agreed /not agreed for each phase of the litigation;
  👍👎

Question 11

What are the outcomes of a Case Management Conference?

Answer 11

• Case management decisions,
• Cost management orders

Question 12

What are “Cost management orders” in a Costs Management Conference?

Answer 12

• Record the figures agreed by the parties
• Where not agreed, record the court’s approval of a costs budget, after making appropriate revisions.

Question 13

When can the court make a cost management order?

Answer 13

At any time.

Question 14

Can the court adjust costs which are agreed between the parties?

Answer 14

No

Question 15

What does it mean if the court approves the costs budget?

Answer 15

It is an indication that the budgeted costs are reasonable and proportionate.

Question 16

When can a court depart from the last agreed Costs Management Order when awarding costs?

Answer 16

It is satisfied that there is good reason to do so.

Question 17

What happens if there is no Costs Management Order in place

Answer 17

The receiving party must explain why there’s a difference if it exceeds its budget by 20%. The court may reduce the recoverable sum if the paying party reasonably relied on the budget.

Question 18

What happens if there is a significant development in the trial that effects the costs budget?

Answer 18

• An amended budget should be submitted to the other parties for agreement; and
• The amended budget then needs to be submitted to the court for consideration.

NOTE: this is for ‘significant developments’ not for messing up the budget in the first place.

Question 19

What happens if there’s a failure to file a budget when required to do so?

Answer 19

• They are automatically treated as having filed a costs budget consisting of only the applicable court fees unless the court orders otherwise.

Question 20

When does the costs management regime NOT apply

Answer 20

• Small claims or fast-track claims 🛤️
• £10m or more 💰💰💰
• claimant under 18 👲
• Claims the are the subject of fixed costs or scale costs 🧮

Question 21

When will the court not issue a Cost Management Order following a Cost Management Conference?

Answer 21

Where it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without a CMO

Question 22

What costs are included in a costs budget

Answer 22

• Solicitor charges🤓
• Incurred costs, 👈
• Disbursements☝️
• Estimated future costs,👉

Question 23

Where a CMO is granted, when will the court divert from it?

Answer 23

If there is good reason to do

Question 24

When is a detailed costs assessment used?

Answer 24

• Where hearing lasts for more than one day.
• Judge leaves the quantification to a later date by a costs officer

Question 25

What is the order of allocation process for Small Claims?

Answer 25

a) Defence filed
b) Notice of proposed allocation
c) Both parties file Directions Questionnaire
d) Notice of allocation
e) Court will give directions

Question 26

What is the order of allocation process for Fast Track?

Answer 26

a) Defence
b) Notice of proposed allocation
c) Both parties file Directions Questionnaire & Proposed directions
d) Notice of allocation
e) Court will give directions

Question 27

What is the order of allocation process for Multi Track?

Answer 27

a) Defence
b) Notice of proposed allocation
c) Both parties file Directions Questionnaire & Proposed directions
d) Notice of allocation
e) Court will give directions or Fix a date for a CCMC.

The CCMC process is then:

a) prepare a costs budget for claims between £50k and £10m - 21 days ahead of CMC
b) Disclosure report - 14 days before CMC
c) Budget discussion report - 7 days before CMC
d) Agreed/proposed directions - 7 days before CMC

The CMC will then produce Directions & may issue Costs Management Order

Question 28

What are the considerations of the court in the case Management Conference?

Answer 28

• Whether the claim is clear,
• Whether statements of case need to be amended
• What disclosure is required
• What evidence is required
• Whether further information is required
• Whether it is just and will save costs to split the trial between one or more preliminary issues.

Question 29

Which track uses the Case Management Conference

Answer 29

Multi track

Question 30

What case management powers does the court have?

Answer 30

• Extend/shorten time for compliance with a rule, practice direction or court order.
• Adjourn hearings or bring them forward
• Require a party or their legal representative to attend court
• Stay the whole or part of the proceedings or judgement
• Order any party to file and serve a costs budget

Question 31

Is a disclosure report required for a CMC involving PI?

Answer 31

No

Question 32

What are the considerations of the court in the case Management Conference?

Answer 32

• Whether the claim is clear,
• Whether statements of case need to be amended
• What disclosure is required
• What evidence is required
• Whether further information is required
• Whether it is just and will save costs to split the trial between one or more preliminary issues.

Question 33

When does the cost management regime NOT apply

Answer 33

• Small claims or fast track claims
• Claims exceeding £10m
• Claims made on behalf of a person under 18
• Claims that are the subject of fixed costs or scale costs

Question 34

What is ‘costs reserved’?

Answer 34

The decision of who pays costs of interim hearing is put aside to a later date