Early Case Management on the Multi-Track Flashcards
What is a hallmark of the multi-track?
Flexibility
What are the likely next steps once a case is allocated to multi-track?
1) Court giving directions (in less complex cases)
2) Convening a case management conference (CMC)
What is the purpose of a CMC?
More than directions hearing
Identify and understand the real issues between parties
What will the CMC test the parties on?
1) Suitability of case for settlement
2) Position of parties
3) Steps parties have taken
4) Compliance with previous directions
5) Estimated costs of litigation
6) Steps to be taken in future
What issues will be considered at the CMC?
1) Whether claim is clear
2) If statements of case need amendment
3) What disclosure needed
4) If expert evidence
5) What factual evidence should be provided
6) If any further information required
7) Whether it will be just to order split trial
What must a legal representative know before attending CMC?
1) Be familiar with case
2) Have sufficient authority to deal with issues
What happens if a representative does not attend CMC and it is post-poned?
Wasted costs order
When is a disclosure report filed pre CMC?
Not less than 14 days before first CMC
When are draft directions filed pre CMC?
At least 7 days before any CMC
What is the obligation of parties regarding directions pre-CMC?
Parties under express obligation to try and agree directions
What is included in directions?
1) Disclosure of documents
2) Exchange of witness statements
3) Expert evidence
4) Case management timetable
5) Costs and budgets (for multi-track)
What must be included in a disclosure report pre-CMC?
1) Briefly describe documents that may exist
2) Describe where they may be located
3) Describe how electronic documents stored
4) Estimated broad range of costs involved in giving standard disclosure
5) States which of the disclosure directions are to be sought
What is a case summary?
Prepared by claimant and (if possible) agreed with parties – designed to assist court in understanding and dealing with issues raised
What should a case summary contain?
1) Chronology of claim
2) Factual issues agreed and in dispute
3) Nature of evidence needed to decide them
When should applications be made to court?
As soon as it becomes apparent it is desirable or necessary
How many CMCs are there?
Depends on the complexity, but can be more than 1
