Early case management on the multi track Flashcards
What are the most likely steps if the notice of proposed allocation indicates that the case will be allocated to multi track?
Court will be giving directions or
court will convene a case management conference to determine future conduct of the case
What is the purpose of the case management conference?
to ensure real issues between parties are identifed and understood and if they can be narrowed down before a trial
What are the issues to be considered at a case management conference?
whether the claim is clear
whether any statements of case need to be amended
what disclosure is required
what expert evidence is required and how and when it should be obtained
what factual evidence should be provided for
whether any further information is required
whether it will be just and save costs to order a split trial or the trial of one or more preliminary issues
Who should attend the CMC?
Any legal rep that attends MUST:
Be familiar with the case
Have sufficient authority to deal with any issues likley to arise eg directions
if not = wasted cost order cna be issued
the court can order the claimant to attend
What is the procedure for a case management conference?
14 days before CMC = disclosure reports
7 days before CMC = file draft directions
The product of a CMC = directions, where the parties have been unable to agree directions
What is the requirement for the disclosure report?
in multi track cases parties must produce a disclosure report ahead of the CMC - unless the claim is for PI
This must be filed at least 14 days before the CMC by each party and include:
- what documents exist or may exist
- describe how electronic documents are stored
- estimate costs that could be involved in giving standard disclosure in the case, including the costs of searching for and disclosing any electronically stored documents
- states which of the disclosure directions are to be sought
What is a case summary and when is it submitted?
May be submitted at a CMC if necessary
short doc no more than 500 words prepped and possibly agreed by the claimant with other parties
assists the court in understanding and dealing with the issues raised
the case summary should contain:
- chronology of the claim
- factual issues agreed and disputed
- nature of the evidence needed to decide them
