LGS03 Case Management Flashcards
What does the overriding objective include?
1 Overriding Objective
At all times when conducting litigation the parties must abide by the “overriding objective”, which, by CPR, r. 1.1(1), is “to deal with cases justly and at proportionate cost”.
What does the overriding objective include?
Dealing with cases justly and at proportionate cost includes:
r. 1.1(2)(c), dealing with cases proportionately
r. 1.1(2)(d), expedition and fairness
r. 1.4(a), co-operation between the parties
When will conduct aimed at achieving an advantage over the other side be penalised?
- if it results in:
- unnecessary expense
- delay
- inefficient case management
- adverse impact on other cases
- prejudice to another party through what is seen as underhand tactics
Recite by rote: CPR, r. 1.1(1)
CPR, r. 1.1(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
When must the court must seek to give effect to the overriding objective?
CPR, r. 1.2 The court must seek to give effect to the overriding objective when it –
(a) exercises any power given to it by the Rules; or
(b) interprets any rule,
How does the court advance the The court must further overriding objective by actively managing cases?
(2) Active case management includes –
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.
How does Provisional Track Allocation work?
- This normally happens when D files its Defence
- when a case is defended the defence goes on court file and civil servant looks at it. obligation is for them to do a provisional track allocation decision. only provisional.
- Where there are 2 or more defendants, it is either when the last of them files its defence, or when the period for filing the last defence has expired (CPR, r 26.3(2))
- A court officer (not a judge) provisionally allocates defended claims to one of the case management tracks
- Based largely on the value of the claim
- Court sends the parties notice of provisional allocation
- tells you when you have to take the next step
What does the notice of provisional allocation in Provisional Allocation contain?
- specify any matter to be complied with by the date specified in the notice
- require the parties to file a completed directions questionnaire and serve copies on all other parties
- state the address of the court or court office to which the directions questionnaire must be returned
- inform the parties how to obtain the directions questionnaire; and
- if a case appears suitable for allocation to the fast track or multi track, require the parties to file proposed directions by the date specified by the notice
What are the basic track allocation rules?
- Small claims track: value not more than £10,000
- Fast track: value between £10,000 and £25,000
- Multi-track: value over £25,000
What is the scope of the small track?
(1) The small claims track is the normal track for–
(a) any claim for personal injuries where –
(i) the value of the claim is not more than £10,000; and
(ii) the value of any claim for damages for personal injuries is not more than £1,000;
(b) any claim which includes a claim by a tenant of residential premises against a landlord where –
(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);
(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000.
(Rule 2.3 defines ‘claim for personal injuries’ as proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death)
(2) For the purposes of paragraph (1) ‘damages for personal injuries’ means damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.
(3) Subject to paragraph (1), the small claims track is the normal track for any claim which has a value of not more than £10,000.
(Rule 26.7(4) provides that the court will not allocate to the small claims track certain claims in respect of harassment or unlawful eviction)
What is the scope of the fast track?
(4) Subject to paragraph (5), the fast track is the normal track for any claim –
(a) for which the small claims track is not the normal track; and
(b) which has a value –
(i) for proceedings issued on or after 6th April 2009, of not more than £25,000; and
(ii) for proceedings issued before 6th April 2009, of not more than £15,000.
(5) The fast track is the normal track for the claims referred to in paragraph (4) only if the court considers that –
(a) the trial is likely to last for no longer than one day; and
(b) oral expert evidence at trial will be limited to–
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.
What is the scope of the multi-track?
(6) The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.
How is financial value determined for track allocation?
(1) When deciding the track for a claim, the matters to which the court shall have regard include –
(a) the financial value, if any, of the claim;
(b) the nature of the remedy sought;
(c) the likely complexity of the facts, law or evidence;
(d) the number of parties or likely parties;
(e) the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;
(f) the amount of oral evidence which may be required;
(g) the importance of the claim to persons who are not parties to the proceedings;
(h) the views expressed by the parties; and
(i) the circumstances of the parties.
(2) It is for the court to assess the financial value of a claim and in doing so it will disregard –
(a) any amount not in dispute;
(b) any claim for interest;
(c) costs; and
(d) any contributory negligence.
When will low value PI and L&T claims will be allocated to the fast track
Personal injuries claims and landlord & tenant disrepair cases: CPR r 26.6(1)(b)
Low value PI and L&T claims will be allocated to the fast track rather than the small claims track if:
(a) It is a PI claim with damages for PSLA at least £1,000
(b) It is a L&T claim with cost of repairs or damages at least £1,000
Can the court allocate a case to a track outside its financial value?
The court may allocate a claim to a track higher or lower than its financial value, having regard to the factors in r. 26.8(1) (r. 26.7(1)). There used to be a veto on claims being allocated to a track lower than its financial value unless all the parties agreed, but this party veto was removed on 1 April 2013.
By when must filing and serving of directions questionnaires be complied with?
- The notice of provisional allocation will specify a date for compliance
- In small claims cases the date must be at least 14 days after deemed service of the notice
- In fast track and multi-tracks it is no less than 28 days after deemed service of the notice (r 26.3(6))
What are the consequences for failing to file a Directions Questionnaire?
Sanctions
If a party fails to file the directions questionnaire, by the deadline, it risks its claim, defence or counterclaim being struck out (i.e. brought to an end) by the court.
Distinctions are drawn between:
- County Court money claims
- r. 26.3
- Non-filing means strike out
- High Court claims for a specified sum of money
- All other cases (High Court damages claims; High Court and County Court non-money claims)
What happens if you fail to file Directions Questionnaire in a County Court money claim?
- The court will send a reminder (APA para 15.14) warning that compliance is required in a further 7 days
- Further non-compliance results in the claim being automatically struck out (C in default) or the Defence being automatically struck out (D in default)
What happens if you fail to file Directions Questionnaire in a High Court money claims for a specified amount?
The court will make such order as it considers appropriate, including-
- order for directions
- order striking out the claim
- order striking out the defence and entering judgment
- listing a case management conference
What happens if you fail to file Directions Questionnaire in other claims?
No prescribed sanction
Tell you to file on another day
Who is responsible for track allocation?
Provisional track allocation is by a court official. Actual track allocation requires a court order, so typically is done after directions questionnaires are received, and is typically done by District Judges (County Court) or Masters (High Court). The judge makes:
- Track allocation decision
- Directions simultaneously with track allocation
- Or lists the case for a case management conference
Where are county court money claims started?
County Court money claims if in hard copy, Conty Court Business centre if electronic
Where are county court money claims sent after they are started?
To a county court hearing centre if a hearing is required or if the claim is defended
Where are defended High Court specified money claims sent?
To the defendant’s home court
When is a County Court money claim sent to the claimant’s preferred hearing centre?
Where the claim is undefended and the court needs to either assess the amount payable or the rate of payment
(CPR, rr. 3.5A, 12.5A, 13.4(1A), 14.7A, 14.12(2A), 14.13(3A), and 26.2A(4));
When are County Court claims for specified sums of money sent to the defendant’s home court?
where the defendant is an individual. This happens at the ‘relevant time’, which is when (rr. 13.4, 26.2A(3), (6)):
- all parties have filed their directions questionnaires, or
- a stay to attempt mediation has expired, or
- an application is made to set aside a default judgment.
Where there is more than one defendant, the case is sent to the home court of the defendant who first files a defence
When are High Court claims for specified sums of money transferred to the defendant’s home court ?
where the defendant is an individual. These claims are transferred to the defendant’s home court if a defence is filed or if an application is made to set aside a default judgment (rr. 13.4, 26.2).
