SGS 4 Flashcards
What is Precedent H?
Costs budget: sets out estimated costs for each stage in proceedings.
What is a budget discussion report also known as? What is its function?
Precedent R.
Sets out costs agreed, those not agreed and reasons for disagreement.
What is a Case Management Conference?
Hearing at which future conduct and timetable of the case is decided.
Restricted to difficult or more complex cases (not required if parties have agreed all directions)
See 29 PD 5
What must be done at a CMC but is often done pre-action and why is this the case?
Name expert.
If you change at a later date court must agree to it and will require the unused report to be disclosed to your opponent.
What is a costs management conference?
hearing solely for the purpose of approving costs budget or revising, CPR 3.16 (often heard with Case Management Conference = CCMC)
What happens in the event that a party fails to file a costs budget?
Court will order that the party had filed a costs budget containing only applicable court fees.
What part of the CPR and which case is relevant for an in time application for an extension of time?
3.1(2)(a) and Hallam Estates v Teresa Barker.
Applicants reasons
OO
Delay in making application
Hearing date affected?
Which part of the CPR and which case is relevant for relief from sanctions?
CPR 3.9
Denton Approach
What is the Denton Approach?
Consider seriousness or significance of failure to ply
If serious consider why default occurred.
Evaluate all circumstances, with particular regard to requirements in CPR 3.9.
When can the court strike out a statement of case?
CPR 3.4(2)
No reasonable grounds for bringing / defending claim
Abuse of process
Failure to comply with rule, PD, order
When will the court impose sanctions?
CPR 3.8(1): failure to comply with rule, PD or court order.
Likely form is an ‘unless order’: automatic sanction in event of non-compliance with the order.
Must specify exact date and time within which act must be done (CPR 2.9).
What happens after the court makes a costs order that one party pays the other’s costs?
Parties endeavour to negotiate an agreed amount. If they cannot, ‘detailed assessment’ is carried out by the court which considers each individual item in Precedent H with reference to CPR 44.4 (CPR 3.18)
i.e. budget may be further reduced.
Any scope for change after submission of costs budget?
Must keep budgets under review throughout course of litigation and if becomes apparent budget will be exceeded, make an application ASAP, 3E PD 7.6
Pre CMC Steps?
Costs budget / budget discussion report
Disclosure report (Form N264 - CPR 31.5(3)).
Agree proposed directors (CPR 29.4: 29 PD 4.2 / 4.7_)
Notice of proposed allocation?
CPR 26.3(1)
DQ (form N181) = questions to help court decide which track is most appropriate.
Proposed directions by each party
(normally) date by which Precedent H should be served.
Failure to comply –> ‘unless’ order.
