SGS 4

Question 1

Mitchell v News Group

Answer 1

Is the non-compliance trivial/insignificant? If the default was not trivial, why did it occur? Rule was interpreted by the lower courts very harshly

Question 2

Denton v Davies

Answer 2

Three stage test:

• Identify and assess the seriousness and significance of the failure to comply with the relevant rule, practice direction or court order which engages CPR 3.9(1). If the breach is neither serious nor significant, the relief should be granted
• If the breach is serious or significant, consider why default occurred
• Evaluate all the circumstances of the case to ensure that the court deals with the matter justly, but with particular weight given to the requirements under CPR 3.9

Question 3

General costs rule

Answer 3

Unsuccessful party pays successful party’s costs (CPR 44.2)

Question 4

Notice of proposed allocation

Answer 4

Outlines the decision of the court officer as to which track provisionally appears to be most suitable for the claim

Question 5

DQ

Answer 5

Contains a number of questions to help the court decide which track is most appropriate for the case. In a multi

Question 6

When must parties file and exchange costs budgets?

Answer 6

7 days before first CMC (CPR 3.13)

Question 7

What is the consequence for a party who fails to file their costs budget on time?

Answer 7

They are treated as having a budget comprising only the applicable court fees (CPR 3.14)

Question 8

How is budget defined?

Answer 8

See glossary

Question 9

When does the relief from sanction under CPR 3.9 not apply?

Answer 9

To an in-time application (when application notice filed prior to expiry of the deadline)

Question 10

What must the parties do to their budget if there are significant developments in the litigation?

Answer 10

Revise the budget (3E PD 7.6)

Question 11

When will there be a case management conference?

Answer 11

When a case has been allocated to the multi-track (CPR 29.2)

Question 12

Where in the CPR does it explain what happens at a CMC?

Answer 12

29 PD 5

Question 13

What do both parties file and serve after the notice of proposed allocation?

Answer 13

DQ (Form N181) and proposed directions if fast track or multi-track (CPR 26.3(1)(b)(v))

Question 14

What four documents are required from the parties where there is going to be a CCMC?

Answer 14

• Costs Budget
• Disclosure Report
• Budget discussion report
• Agreed/proposed directions

Question 15

What is the costs budget form and which CPR applies?

Answer 15

Precedent H; CPR 3.13(1)(b)

Question 16

What is the Disclosure Report form and which CPR applies to it?

Answer 16

Form N263 with EDQ if used ; CPR 31.5(3)-(8)

Question 17

What is the budget discussion report form and which CPR applies?

Answer 17

Precedent R; CPR 3.13(2)

Question 18

What is the relevant CPR for the agreed/proposed direction?

Answer 18

CPR 29.4; 29PD4

Question 19

What are the aims of costs management

Answer 19

• ensuring effective case management at proportionate cost
• to bring about transparency regarding costs
• to bring about economy and efficiency in the whole system