SQE2 Disputes Resolution Case Management Flashcards
When will a case be allocated to the small claims track?
For cases of value up to:
- £10k
- £5k for road traffic PI cases
- £1,500 other PI cases
- £1k for claim against residential landlord for repairs
Exceptions
Higher value cases may be allocated if:
- Only <£10k actually in dispute; or
- If parties agree
What costs are recoverable for small claims track?
Recoverable costs restricted to:
- fixed costs
- reasonable expenses in attending
- expert fees up to £750
Court can award more if a party has behaved unreasonably
When is a case allocated to fast track ?
- Claim up to £25,000; and
- court satisfied it is in the interest of justice
- Court considers:
- trial will last only 1 day
- Oral expert evidence is likely to be limited: 1 per party per field
- Expert evidence is limited to only two fields - Child / Protected Party if:
- PI road traffic accident on/after 31st May 2021 for:
- Child or protected party; or
- was child when claim started and it includes whiplash injury
When will a claim be allocated to intermediate track?
- Value
- £25k to £100k - And
- trail expected to last no more than 3 days
- use of oral expert evidence likely limited to 2 experts pre party - Non-Monetary Claims
- only if court considered it in interest of justice - NEVER
- mesothelioma/asbestos
- clinical negligence (unless breach and causation admitted)
When is claim allocated to multi track?
- Value over £100k
- At discretion of court if claim is complex
- trial expected to last over 3 days
- oral experts more than 2 per party - Always
- mesothelioma/asbestos
- clinical negligence
When does directions questionnaire have to be returned? What happens on receipt of this by court?
- Parties must return it within 28 days of date of service of orders
- Can NOT agree extension
On receipt
- On receipt procedural judge will confirm track and make directions; or
- List claim for CCMC
What are the typical case management directions for small claims?
Normally include
- Docs to be exchanged 14 days before hearing
- Docs to be filed or originals brought to court
- Provision for final hearing date
- Encouragement to try to agree the claim
- That no experts can be used without express permission
What are the typical case management directions for fast track?
Standard directions (steps but not time scale applies to all cases)
- Disclosure within 4 weeks
- Witness statement exchange 10 weeks
- Expert report exchange 14 weeks
- Pre-Trial checklist withing 20 weeks
- Pre-trial checklist returned within 22 weeks
- Date of Trial 30 weeks
Can parties seek to vary directions for fast track cases?
- Parties can apply to vary directions within 14 days
- If not then in 14 days assumed they have accepted directions
What are the filing requirements pre CMC for multi track cases?
- File disclosure reports 14 days before CMC
- Cost budget DISCUSSION REPORT 7 days before CMC
- Case summary before CMC
- Estimate on expert fees and issues on which they will give evidence
What should an innocent party do if the other party does not comply with an order in the directions?
- Innocent party should make immediate application of other parties non-compliance
- Court to then make unless order
What can the court do if a party does not comply with order in the directions?
Strike out claim defence, counterclaim of defaulting party
- Normally not done unless unless order had been given
Cost Order or require to pay money into court
Limit Evidence
- Debar party from relying on evidence
- Restrict number of witnesses they can use
Minor Breaches
- normally not a problem as long as parties can keep to dates of the CMC, pre-trial review and trial
Can a party apply for relief from consequences of not following order in directions?
Yes if party has good reason for non-compliance they can apply for relief
- Must show more than mere fact that have finally complied
- eg. serious illness
What is the effect of non-compliance with an unless order?
Claim is automatically struck out if the order says so
- same goes for any sanction given in order
Although can apply for relief
When will cost consider someone a child or protected party for track allocation
Child
- under 18
Protected Party
- lacks capacity to conduct proceedings
