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BTC- Civil Litigation > Topic 8- Case Management > Flashcards

Topic 8- Case Management Flashcards

1
Q

When can a time limit to do any act be changed?

A

By written agreement of the parties

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2
Q

Give examples of the Court’s case management powers

A

Extend or shorten time for compliance of a rule or order

Adjourn or bring forward a hearing

Require a party to attend court

Direct parts of proceedings

Stay proceedings

Direct a separate trial on any issue

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3
Q

When a court makes an order, what can they also do?

A

Make it subject to conditions (eg, to pay a sum of money to court)

Specify the consequences of failure to comply with the order

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4
Q

Can a court exercise its powers using its own initiative?

A

Yes- if the court makes an order of its own initiative-

  • It may give a person affected by the order to make representations
  • Must also give at least 3 days notice of the hearing for the order
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5
Q

What can a party do if affected by a court’s order of its own initiative without representations?

A

The party may apply to have the order set aside, or stayed

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6
Q

What is an “unless order”?

A

This is an order that “unless” something is not done by a party, the court can strike out the case

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7
Q

When will a court strike out a case?

A

Where they make an order which includes a term that the case will be struck out if not complied with (unless order)
AND
The party does not comply with that order

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8
Q

Where there has been an error procedures, such as failure to comply with a rule or PD, what will the court do?

A

The error will not invalidate any step taken in the proceedings, unless the court says it does

The court may then make an order to remedy the error

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9
Q

Which track does costs management only apply to?

A

Multi-track cases

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10
Q

What order must not have been complied with for the court to strike out a claim?

A

An unless order

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11
Q

When may a party obtain judgment with costs after a defendant has failed to file a defence within the period?

A

By filing a request for judgment

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12
Q

What is the purpose of costs management?

A

To further the overriding objective

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13
Q

When may someone not be ordered to file and exchange budgets?

A

When they are a “litigant in person”

I.e- they are representing themselves, and have no legal rep

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14
Q

What are the requirements for filing and exchanging budgets? - need to check if this is correct

A

Where the value of the claim is less than £50,000

Must be made no later than 21 days before first case management conference

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15
Q

What are the consequences of a party failing to file a costs budget?

A

Unless the court orders, the party will be treated as having filed a budget compromising only the applicable court fees

This means they won’t be able to be compensated their fees

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16
Q

What is a costs management order?

A

An order made after costs budgets have been filed and exchanged

This records the extent to which the budgeted costs are agreed between the parties

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17
Q

When will a costs management order not be made by the court?

A

If it is satisfied that the litigation can be conducted justly and at proportionate cost

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18
Q

When can a party revise its cost budget?

A

A party may revise its budgeted costs if significant developments in litigation warrant it

These changes must be submitted promptly and serve the particulars on all the parties

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19
Q

What is a costs management conference?

A

A hearing which is convened solely for costs management

Used to discuss the budgeted costs, etc

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20
Q

What must the court take into account when making a case management decision?

A

They must have regard to any available budgets of the parties, and the costs that may be involved

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21
Q

What happens if an interim application is made, but it isn’t included in the budget?

A

The court may treat the costs as additional the approved budgets

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22
Q

When assessing costs on the standard basis, what must the court have regard to?

A

They must have regard to the last approved budgeted costs

AND they cannot depart from the approved costs unless there is a good reason to do so

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23
Q

What are the four tracks?

A

Small claims track

Fast track

Intermediate track

Multi-track

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24
Q

Where a defendant has filed a defence, what will the court then do?

A

They will decide the track to allocate the claim, and serve notice on each party

They will then serve a directions questionnaire on any unrepresented party

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25
Q

What is a notice of proposed allocation?

A

This notifies the parties upon which track they may be allocated to

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26
Q

Where a notice of proposed allocation has been served, what must each party do?

A

They must file and serve the documents required by the notice, no later that-

  • 14 days (small track)
  • 28 days (all other tracks)
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27
Q

What happens if a party does not comply with the notice of proposed allocation?

A

The court will serve a notice on that party, requiring them to comply within 7 days

If the party fails to comply again, the party’s statement of case will be struck out

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28
Q

Who pays the costs were a case is struck out?

A

The party in default shall pay the costs, unless the court feels it is unjust

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29
Q

What can a party do when filing the directions questionnaire?

A

They may apply to stay proceedings in order to settle the case via ADR

The court may then stay proceedings for one month

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30
Q

When will the court fully allocate a claim?

A

After the completion of the directions questionnaire

If the court has stayed the proceedings, it shall allocate the claim to a track at the end of the stay

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31
Q

What is the allocation value for the small claims track?

A

Not more than £10,000

Not more than £5000 for RTA

Not more than £1000 for RTA (child)

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32
Q

What is the actual meaning of “damages for personal injuries”?

A

Compensation for pain, suffering and loss of amenity

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33
Q

What is the allocation criteria for the fast track?

A

Not more than £25,000

Will not last more than one day

No more than one expert per party

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34
Q

What is the allocation criteria for the intermediate track?

A

Not more than £100,000

Will not last more than 3 days

No more than two experts per party

(also if it is in the interests of justice to allocate it here)

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35
Q

If a party is seeking non-monetary relief, can it be allocated to the intermediate track?

A

No

Unless the court feels it is in the interests of justice to do so

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36
Q

What is the allocation criteria for the multi track?

A

The normal track for claims that are not suitable for small, fast, or intermediate track

(eg, over £100,000)

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37
Q

If a claim is worth £1200 for a child injured in a RTA, where will it be allocated?

A

Likely the fast track

Limit for small track = £1000

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38
Q

What factors will be taken into account when deciding the track for a claim?

A

Financial value of the claim

Nature of the remedy sought

Complexity of the facts

Number of parties

Value of any counterclaims

Circumstances of the parties

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39
Q

What factors must the court disregard when assessing the financial value of a claim?

A

Any amount not in dispute

Any claim for interest

Costs

Contributory negligence

40
Q

Can the court reallocate parties to a different track?

A

Yes, on application or its own initiative, they can reallocate a claim

41
Q

Can a party vary any date for case management or trial?

A

Yes, they must apply to the court to vary any date

42
Q

What directions will be given to the parties after being allocated to a fast track or intermediate track?

A

Disclosure of documents

Service of witness statements

Expert evidence

43
Q

Do the parties need to agree on the directions after they have been allocated to a track?

A

Yes, they must agree on appropriate directions for the management of proceedings

They must then submit their agreed directions at least 7 days before any case management conference

44
Q

What will the court do immediately after allocating a case to the multi-track?

A

They will give directions for the management of the case and set a timetable

They will also fix a CMC or a pre-trial review

45
Q

Does a legal representative need to attend a case management conference?

A

Yes, they MUST attend

46
Q

Do the parties need to attend a case management conference?

A

No, but the court may require them to

The legal reps of the parties MUST attend

47
Q

What is a pre-trial check list?

A

This is a listing questionnaire

It must be completed by the parties within 7 days of service

48
Q

What may the court hold after a pre-trial check list is completed?

A

They may hold a pre-trial review

  • Will give the parties at least 7 days notice

They will also set a timetable

49
Q

What are the “hallmarks” of the multi-track?

A

The ability of the court to deal with cases of widely differing values and complexity

Flexibility given to the court in managing cases

50
Q

When a court is proposing to make an order on its own initiative, do they need to ask for consent of the parties?

A

Yes, the parties must consent in writing to the order

OR

The court must hold a case management conference

51
Q

What is the purpose of a case management conference?

A

To review the steps the parties have taken in preparing for a case

To decide and give directions about the steps needed to progress a claim

To ensure all agreements can be reached between the parties

52
Q

If a party is dissatisfied about a direction given by the court, what can the party do about it?

A

They can apply to the court to vary the direction

Must be done within 14 days of service of the direction order

53
Q

What happens if a party fails to comply with a case management direction?

A

The court may apply for an “unless order” or a sanction

The court will usually not allow a failure to comply to lead to the postponement of the trial unless the circumstances are exceptional

54
Q

When may a claimant discontinue their claim?

A

At any time

55
Q

What does a claimant need to do to discontinue their claim if it relates to an interim injunction?

A

They must obtain the permission of the court if they wish to discontinue their claim if in relation to an interim injunction

56
Q

What is the procedure for a claimant to discontinue their claim?

A

The claimant must file a notice of discontinuance and serve it on every party in the proceedings

57
Q

Does the defendant have a say in the claimant’s discontinuance of a claim?

A

Yes, the defendant may apply to have the notice of discontinuance set aside

Application must be within 28 days of notice of discontinuance

58
Q

Does a claimant need the court’s permission to discontinue a claim?

A

No, they do not need the court’s permission, unless interim injunctions are involved

59
Q

When will the claim be discontinued after serving the notice of discontinuance?

A

The claim will be brought to an end on the date when notice of discontinuance is served

60
Q

If a claimant discontinues a claim, will they be liable for costs?

A

Yes, they will be liable for the costs of the claim

61
Q

If a claimant has discontinued a claim, do they need the court’s permission to issue another claim against the same defendant?

A

Yes, only if they discontinued the claim after the defendant filed a defence

62
Q

What is the only track that holds case management conferences?

A

Only the multi-track

63
Q

What is the only track that holds pre-trial reviews?

A

Only the multi-track

64
Q

In a multi-track claim, when will the court not make a costs management order?

A

Where they are satisfied that the litigation can be conducted justly and at proportionate cost

65
Q

Is there an obligation for a litigant in person to file a costs budget?

A

No, there is no obligation for them

There will also be no costs consequences if they don’t file a costs budget

66
Q

If an interim application has been made but is not included in the budget, will it be included in the final budget?

A

If the court considers it reasonable, then they may treat the costs of an interim application as additional costs

HAS TO BE REASONABLE

67
Q

If an order on the court’s initiative is not an agreed direction, what will the judge need to do?

A

They must make a case management conference to discuss the order

68
Q

Where there are two or more defendants in a claim, when will the court serve notice of proposed allocation?

A

When the period of filing the last defence has expired

69
Q

If a party cannot attend a CMC hearing, what should they do?

A

They must apply to the court to vary the date for the CMC, as the parties cannot vary a CMC date by written agreement

70
Q

What happens after Directions Questionnaires have been filed?

A

The court will allocate the case to a track

71
Q

If a trial is likely to last more than one day, which track should it be allocated to?

A

Most likely multi-track or intermediate

72
Q

If a claim is valued at £20,000, but is likely to last more than one day, which track should it go to?

A

Intermediate

The number of days is the most important factor

73
Q

If a litigant in person has failed to file a costs budget, what may the costs consequences be?

A

There will be no costs consequences

74
Q

A judge who has considered a claim to be totally without merit, and strikes out the claim on his own initiative, should include what statement?

A

A statement that the claimant may apply to have the order set aside, varied or stayed

75
Q

Once the court has provisionally allocated a claim to a track, what will they get the party to do?

A

File and serve a completed directions questionnaire

Within 14 days (small track)

Within 28 days (FT, IT, MT)

76
Q

What does the directions questionnaire allow parties to do?

A

The directions questionnaire allows the parties to make a written request for the proceedings to be stayed for up to a month, whilst they attempt to settle the case via ADR

77
Q

After the parties have filed their directions questionnaire, what will the court do?

A

The court will allocate the claim to a track

78
Q

If a party does not file and serve the directions questionnaire on time, what will the court do?

A

The court will serve a further notice on the party, requiring them to comply within 7 days

If the party then doesn’t comply, the claim will be struck out

79
Q

If the court proposes make an order of its own initiative, what may it also do?

A

The court may give the parties affected the opportunity to make representations within a certain time

80
Q

If the court proposes make an order of its own initiative, and says it will hold a hearing to decide whether to make the order, what must it also do?

A

It must give each party affected at least 3 days notice of the hearing

81
Q

If a court has made an order of its own initiative without giving representations or a hearing, what may a party affected do?

A

They may apply to have it set aside, varied or stayed

Within 7 days of the order

82
Q

How many days before a CMC must a party file and exchange budgets?

A

At least 21 days before

83
Q

How many days before a CMC must a party file and exchange an agreed budget discussion report?

A

At least 7 days before the first CMC

84
Q

If an interim application is made, but not included in the budget, how will the court treat it?

A

If it is reasonable, the costs of the interim application will be treated as additional to the approved budgets

85
Q

When assessing the financial value of a claim, what will the court disregard?

A

Any claim for interest

Any amount not in dispute

Costs

Contributory negligence

86
Q

How many days before a case management conference must parties agree appropriate directions?

A

At least 7 days before the CMC

87
Q

If a a party cannot attend a CMC, what must they do?

A

They must apply to the court to vary the date

88
Q

If a defendant has made an interim payment to a claimant, and the claimant wishes to discontinue the claim, what must the claimant do?

A

Either obtain written consent from the defendant
OR
Obtain the court’s permission

89
Q

Where there are two claimants, can one claimant discontinue the claim?

A

Either obtain written consent from the defendant
OR
Obtain the court’s permission

90
Q

What can the defendant do if the claimant discontinues the claim?

A

Apply to have the discontinuance set aside

Within 28 days of the notice of discontinuance

91
Q

If a claimant discontinues a claim, who is liable for costs?

A

Claimant

92
Q

If a claimant has discontinued a claim, but they wish to make another claim against the same defendant arising out of the same facts, what must the claimant do?

A

They must get the court’s permission

93
Q

If a claim has been issued in a District Registry, who is likely to deal with the case management?

A

A District Judge

94
Q

If a party is dissatisfied about a direction given by the court, how many days do they have to appeal it?

A

Within 14 days of the direction

95
Q

When is the best time for the court to identify the issues in a multi-track claim?

A

As early as possible

BTC- Civil Litigation (19 decks)

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