Early case management on the multi-track Flashcards
What is the hallmark of the multi-track?
It’s flexibility.
What will the court do after allocating to the multi-track?
- give directions - more likely in less complex cases / where parties have agreed directions at the time of filing the DQ.
OR
- convene a CMC
What is the purpose of a CMC?
It is more than just a directions hearing, it is intended to ensure that the real issues between the parties are identified and understood by the parties and the court, and to see if they can be narrowed down before trial.
What matters will the CMC test the parties on?
- The suitability of the case for settlement
- The position the parties have reached in the litigation
- The steps the parties have already taken
- Compliance with previous directions / orders
- Estimated costs of litigation and whether this is proportionate
- Steps to be taken in the future.
What issues are to be considered at the CMC?
- Whether the claim is clear;
- Whether any statements of case need to be amended;
- What disclosure is required, if any;
- 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; and
- Whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues
What is a split trial?
A split trial is a trial which deals with liability and quantum as separate issues. In high value personal injury claims where liability is in dispute a Claimant may request a split trial dealing with the issue of liability in the first instance before obtaining complete medical evidence.
Who should attend the CMC?
Any legal representative attending a CMC must:
- Be familiar with the case
- Have sufficient authority to deal with any issues likely to arise (like discussing directions / identifying issues).
What is the result if a legal representative does not attend the CMC and it is postponed as a consequence?
It is likely to result in a wasted cost order(a costs order payable by the solicitor as opposed to the client). The court can also order the client to attend the CMC.
Are parties under an obligation to try and agree directions before any CMC?
Yes, they are under an express obligation to try and agree directions before any CMC.
When must parties submit proposed directions?
Agreed directions (or proposed directions if agreement is not reached) have to be submitted to court at least 7 days before the CMC.
How has the MoJ assisted with directions?
MoJ has published various standard directions orders for different cases and model paragraphs for directions. When drafting case management directions these model and standard directions should be used as the starting point and adapted to the particular case.
If the parties have agreed all the directions for the future management of the case, what will happen to the CMC?
If the parties have agreed all the directions required for the future management of the case and the court is satisfied of the appropriateness of the directions, it may vacate the CMC.
What will happen if the parties have not agreed all directions for the future management of the case?
The court will likely hear submissions from the representatives at the CMC before deciding what directions to make.
Are parties required to produce a disclosure report in the multi-track?
Yes both parties MUST produce a disclosure report in readiness for the CMC unless the claim includes a claim for PI.
What is the purpose of a disclosure report?
The requirement for a disclosure report is part of the Jackson reforms to keep the costs of disclosure in multi-track claims proportionate to the matters in dispute.
