Early Case Management on the Multi-Track Flashcards
What is the purpose of a Case Management Conference (CMC) on the multi-track?
A. To identify and narrow the issues, test party preparedness, and consider future case directions
B. To determine witness credibility before trial
C. To assess damages and cost budgets for immediate award
D. To approve the parties’ final settlement agreement
A. To identify and narrow issues, test party preparedness, and set directions
Explanation:
A CMC is more than a directions hearing. It ensures the parties and court understand the issues, tests progress, and identifies steps for efficient case management.
A law firm sends a junior representative to a CMC who is unfamiliar with the case and cannot answer key questions. What is the court most likely to do?
Options:
A. Ignore the issue as long as someone attends
B. Allow the representative to return with more information later
C. Automatically strike out the case
D. Order a wasted costs order against the solicitor
D. Order a wasted costs order against the solicitor
Explanation:
Under CPR 29.3(2), a representative must be fully familiar with the case and authorised to deal with all issues. Failure to comply may result in a wasted costs order.
What must a disclosure report include under CPR 31.5?
Options:
A. Only a list of documents to be disclosed at trial
B. Detailed statements from all parties involved
C. Information about document types, storage, and estimated disclosure costs
D. Witness statements and expert summaries
C. Information about document types, storage, and estimated disclosure costs
Explanation:
The disclosure report (Form N263) outlines what documents exist, where they are, how they are stored, and the estimated cost of disclosure. It informs the court’s case management decisions.
Parties in a multi-track case agree all proposed directions and file them 7 days before the CMC. What may the court decide?
Options:
A. To assign the case to the fast track
B. To delay the CMC to assess compliance
C. To order costs against both parties
D. To vacate the CMC and adopt the agreed directions
D. To vacate the CMC and adopt the agreed directions
Explanation:
If agreed directions are filed in time and the court finds them suitable, it can cancel (vacate) the CMC to save resources, promoting efficient case management.
What is the correct deadline for filing draft directions before a multi-track CMC?
Options:
A. At least 3 days before
B. At least 14 days before
C. At least 10 days before
D. At least 7 days before
D. At least 7 days before
Explanation:
CPR 29.4 requires that parties file draft (or agreed) directions at least 7 days before a CMC to assist in proactive and efficient case management.
In a multi-track case with extensive digital evidence, what should be filed alongside the disclosure report?
Options:
A. Case summary
B. Trial bundle
C. EDQ (Electronic Documents Questionnaire)
D. Final directions
C. EDQ (Electronic Documents Questionnaire)
Explanation:
When electronic documents are involved, Form N264 (EDQ) should be filed with the disclosure report to help the court understand digital disclosure issues.
What is the form used for preparing a disclosure report?
Options:
A. N263
B. N265
C. N264
D. N260
A. N263
Explanation:
Form N263 is the designated form under CPR 31.5 for providing disclosure details before a CMC in multi-track cases (except in personal injury claims).
A judge is dealing with a £150,000 multi-track dispute. What is the judge most likely to use when setting directions?
Options:
A. No formal guidance
B. Directions copied from a fast track case
C. Directions suggested by the parties only
D. Standard directions and model paragraphs issued by the Ministry of Justice
D. Standard directions and model paragraphs issued by the Ministry of Justice
Explanation:
CPR 29.1 requires parties and courts to start from the standard directions and model paragraphs published by the MoJ, tailoring them to suit each specific case.
Which of the following is true about case management flexibility on the multi-track?
Options:
A. It follows a rigid procedure across all cases
B. It applies only to cases over £500,000
C. It includes tailored directions and multiple CMCs if needed
D. It allows automatic summary judgment
C. It includes tailored directions and multiple CMCs if needed
Explanation:
The multi-track is designed for flexibility. Depending on complexity, the court may adjust directions and hold multiple CMCs to manage the case proportionately.
