SGS 4 Flashcards

1
Q

What is Precedent H?

A

Costs budget: sets out estimated costs for each stage in proceedings.

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2
Q

What is a budget discussion report also known as? What is its function?

A

Precedent R.

Sets out costs agreed, those not agreed and reasons for disagreement.

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3
Q

What is a Case Management Conference?

A

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

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4
Q

What must be done at a CMC but is often done pre-action and why is this the case?

A

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.

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5
Q

What is a costs management conference?

A

hearing solely for the purpose of approving costs budget or revising, CPR 3.16 (often heard with Case Management Conference = CCMC)

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6
Q

What happens in the event that a party fails to file a costs budget?

A

Court will order that the party had filed a costs budget containing only applicable court fees.

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7
Q

What part of the CPR and which case is relevant for an in time application for an extension of time?

A

3.1(2)(a) and Hallam Estates v Teresa Barker.

Applicants reasons
OO
Delay in making application
Hearing date affected?

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8
Q

Which part of the CPR and which case is relevant for relief from sanctions?

A

CPR 3.9

Denton Approach

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9
Q

What is the Denton Approach?

A

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.

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10
Q

When can the court strike out a statement of case?

A

CPR 3.4(2)

No reasonable grounds for bringing / defending claim

Abuse of process

Failure to comply with rule, PD, order

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11
Q

When will the court impose sanctions?

A

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).

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12
Q

What happens after the court makes a costs order that one party pays the other’s costs?

A

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.

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13
Q

Any scope for change after submission of costs budget?

A

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

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14
Q

Pre CMC Steps?

A

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_)

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15
Q

Notice of proposed allocation?

A

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.

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