topic 5- case and costs management

Question 1

what is costs being paid on a standard basis vs an indemnity basis?

Answer 1

standard- allow costs that have been proportionately and reasonably incurred.

indemnity- courts will allow costs which only have been reasonably incurred.

• party must comply with an order for costs within 14 days of judgement!

Question 2

what are the three interim costs orders?

Answer 2

costs in any event- get costs regardless of who wins at trial. e.g through security for costs order/

costs in the case- who wins at trial can usually recover costs from interim hearing.

costs reserved- put off to a later occasion.

Question 3

when should parties prepare budgets and budget discussions for multi-track cases?

Answer 3

1. Parties prepare budgets- 21 days before the first CMC.
2. Parties have budget discussions and prepare report- filed and exchanged 7 days before the first CMC.

Question 4

what happens if a party fails to file a costs budget>

Answer 4

automatically treated as having filed a costs budget comprising of only the applicable court fees unless the court otherwise orders

Question 5

what is a strike out?

Answer 5

a. statement of cases discloses no reasonable ground for bringing or defending the claim.

b. statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of proceedings. (misuse of procedure)

c. there has been a failure to comply with a rule, practice, direction or court order.

Question 6

when can the court order sanctions?

Answer 6

• The general rule is that the time specified by a CPR or court order for a party to do any act may be varied by the written agreement of the parties, unless a court or rule orders otherwise.
• Where a rule, practice direction or court order –
  1. Requires a party to do something within a specified time, and
  2. Specifies the consequence for failure to comply,
  the time for doing the act may not be extended by agreement between the parties except that the parties can agree an extension of time by prior written agreement (ie before the deadline is reached) for a maximum of 28 days provided that this does not put at risk any hearing date.

Question 7

will the court grant relief from sanctions>

Answer 7

1. If breach of the relevant rule, practice direction or court order is neither serious or significant, then relief should be granted.
2. If the breach is serious or significant, consider why the default occurred.
3. Having considered the reason for the default, the court should then evaluate all the circumstances of the case to ensure that the court deals with the matter justly.

Question 8

when should a claim be allocated to small claims?

Answer 8

Value of not more than £10,000 and claims by a tenant against a landlord where repairs and damages do not exceed £1000.

(parties to file documents no later than 14 days before hearing )

Question 9

when should a claim be allocated to fast track?

Answer 9

up to £25,000.
typcially only last 5 hours.
one oral expert per party in no more than 2 expert fields.

Question 10

when should a claim be allocated to intermediate track?

Answer 10

up to £100,000
trail likely to last no longer than 3 days if managed proportionately a
oral evidence likely to be limited to 2 experts per party.
- Claim Is brought by a single claimant against either one or two defendants or brought by two claimants against a single defendant (3 parties).

submit directions 7 days in advance of CMC.

Question 11

when should parties file directions in the multi track>

Answer 11

• Need to file a disclosure report not less than 14 days before the CMC (except for personal injury) and discuss and seek to agree a proposal in relation to disclosure not less than 7 days before the CMC.
• File draft directions at least 7 days before CMC.