H. Case Management Flashcards
CUE CARD (16pgs)
- Details of overriding principle
- when we say actively managing cases the court will do 6 things
- What is track allocation
- 4 Track allocations
- Directions questionnaire- settlement, case management, admin, court and protocols, evidence, directions
-
Fast and
intermediate track- what court issues to follow, timetable, parties responsibilites, specific rules under intermediate track - Multi track- option
- CMC parties should do 3 things, court will do 10 things
- Cost management
- Strike out
- Non compliance
- Relief
What is the overriding objective?
The case should be dealt with justly, in a timely fashion and the costs should be proportionate.
Courts actively manage cases by:
1) encouraging parties to cooperate
2) identifying issues early on
3) deciding which factors need further investigation
4) deciding the order for issues to be resolved
5) fixing timetabling issues for proceedings
6) giving directions to ensure proceedings go ahead quickly and efficiently
Court has wide ranging powers- to ensure these are complied.
When do courts allocate proceedings to certain track?
When defence is filed.
What does the court serve on the parties to allocate a track?
Notice of proposed allocation
What should the parties do when they get the notice of proposed allocation?
File directions questionnaire by date on notice = 14 days to serve this if small track/28 days for any other = parties must cooperate to complete questionnaire & exchange
What happens if a party fails to file a directions questionnaire?
Strike out.
This means removing all or part of a claim or defense from a case.
What is a small claims track?
less than £10k
minor issues i.e. PI claims, claims between Landlord and Tenant
no disclosure needed
internal hearings- some hours
What is fast track?
£10k- £25k
1 expert/party
hearing ends in a day
If it’s a £20k case/involves counterclaim/has additional claims that may take more than a day it will move to IT
What is intermediate track?
£25k-100K
hearing in 3 days/less
over £100K- if it’s in the interests of justice court can keep at IT
2 experts/party
max 3 parties
additional factors = pass to multi track
What is multi track?
£100K and more
more than 3 parties
there are factors that make IT inappropriate
more than 2 experts/party- covering more than 2 fields.
What is the Directions Questionnaire, and what does it ask?
Within what time limit must the parties complete and return it?
Questionnaire sent by the court with the Notice of Allocation in a fast track or multi-track case, which asks:
* Estimated trial length
* Estimated trial costs
* Whether parties complied with protocols
* Whether experts will be required
* Names of witnesses
28 days of receiving the Notice of Allocation, and cannot be extended
Fast track usually has limited expert evidence. What is a single joint expert?
A single joint expert is one where the court has imposed the obligation that parties share an expert, share the fees whilst the matter is ongoing, and then the losing party will assume responsibility for paying the expert after the trial.
If a case is allocated to the fast track, within what time limit must the trial take place?
30 weeks
A fast track and intermediate track can include a pre-trial checklist. What does this allow the court to do?
What should parties do before filing the checklist?
What are the consequences of not filing a pre-trial checklist?
How long do parties have to file the checklist?
to set a trial date and contains draft directions for trial itself (listing directions)
Exchange the checklist with each other
It may be included as a requirement under the directions.
8 weeks before trial date
