Topic 8- Case Management Flashcards
When can a time limit to do any act be changed?
By written agreement of the parties
Give examples of the Court’s case management powers
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
When a court makes an order, what can they also do?
Make it subject to conditions (eg, to pay a sum of money to court)
Specify the consequences of failure to comply with the order
Can a court exercise its powers using its own initiative?
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
What can a party do if affected by a court’s order of its own initiative without representations?
The party may apply to have the order set aside, or stayed
What is an “unless order”?
This is an order that “unless” something is not done by a party, the court can strike out the case
When will a court strike out a case?
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
Where there has been an error procedures, such as failure to comply with a rule or PD, what will the court do?
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
Which track does costs management only apply to?
Multi-track cases
What order must not have been complied with for the court to strike out a claim?
An unless order
When may a party obtain judgment with costs after a defendant has failed to file a defence within the period?
By filing a request for judgment
What is the purpose of costs management?
To further the overriding objective
When may someone not be ordered to file and exchange budgets?
When they are a “litigant in person”
I.e- they are representing themselves, and have no legal rep
What are the requirements for filing and exchanging budgets? - need to check if this is correct
Where the value of the claim is less than £50,000
Must be made no later than 21 days before first case management conference
What are the consequences of a party failing to file a costs budget?
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
What is a costs management order?
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
When will a costs management order not be made by the court?
If it is satisfied that the litigation can be conducted justly and at proportionate cost
When can a party revise its cost budget?
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
What is a costs management conference?
A hearing which is convened solely for costs management
Used to discuss the budgeted costs, etc
What must the court take into account when making a case management decision?
They must have regard to any available budgets of the parties, and the costs that may be involved
What happens if an interim application is made, but it isn’t included in the budget?
The court may treat the costs as additional the approved budgets
When assessing costs on the standard basis, what must the court have regard to?
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
What are the four tracks?
Small claims track
Fast track
Intermediate track
Multi-track
Where a defendant has filed a defence, what will the court then do?
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
What is a notice of proposed allocation?
This notifies the parties upon which track they may be allocated to
Where a notice of proposed allocation has been served, what must each party do?
They must file and serve the documents required by the notice, no later that-
- 14 days (small track)
- 28 days (all other tracks)
What happens if a party does not comply with the notice of proposed allocation?
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
Who pays the costs were a case is struck out?
The party in default shall pay the costs, unless the court feels it is unjust
What can a party do when filing the directions questionnaire?
They may apply to stay proceedings in order to settle the case via ADR
The court may then stay proceedings for one month
When will the court fully allocate a claim?
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
What is the allocation value for the small claims track?
Not more than £10,000
Not more than £5000 for RTA
Not more than £1000 for RTA (child)
What is the actual meaning of “damages for personal injuries”?
Compensation for pain, suffering and loss of amenity
What is the allocation criteria for the fast track?
Not more than £25,000
Will not last more than one day
No more than one expert per party
What is the allocation criteria for the intermediate track?
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)
If a party is seeking non-monetary relief, can it be allocated to the intermediate track?
No
Unless the court feels it is in the interests of justice to do so
What is the allocation criteria for the multi track?
The normal track for claims that are not suitable for small, fast, or intermediate track
(eg, over £100,000)
If a claim is worth £1200 for a child injured in a RTA, where will it be allocated?
Likely the fast track
Limit for small track = £1000
What factors will be taken into account when deciding the track for a claim?
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
What factors must the court disregard when assessing the financial value of a claim?
Any amount not in dispute
Any claim for interest
Costs
Contributory negligence
Can the court reallocate parties to a different track?
Yes, on application or its own initiative, they can reallocate a claim
Can a party vary any date for case management or trial?
Yes, they must apply to the court to vary any date
What directions will be given to the parties after being allocated to a fast track or intermediate track?
Disclosure of documents
Service of witness statements
Expert evidence
Do the parties need to agree on the directions after they have been allocated to a track?
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
What will the court do immediately after allocating a case to the multi-track?
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
Does a legal representative need to attend a case management conference?
Yes, they MUST attend
Do the parties need to attend a case management conference?
No, but the court may require them to
The legal reps of the parties MUST attend
What is a pre-trial check list?
This is a listing questionnaire
It must be completed by the parties within 7 days of service
What may the court hold after a pre-trial check list is completed?
They may hold a pre-trial review
- Will give the parties at least 7 days notice
They will also set a timetable
What are the “hallmarks” of the multi-track?
The ability of the court to deal with cases of widely differing values and complexity
Flexibility given to the court in managing cases
When a court is proposing to make an order on its own initiative, do they need to ask for consent of the parties?
Yes, the parties must consent in writing to the order
OR
The court must hold a case management conference
What is the purpose of a case management conference?
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
If a party is dissatisfied about a direction given by the court, what can the party do about it?
They can apply to the court to vary the direction
Must be done within 14 days of service of the direction order
What happens if a party fails to comply with a case management direction?
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
When may a claimant discontinue their claim?
At any time
What does a claimant need to do to discontinue their claim if it relates to an interim injunction?
They must obtain the permission of the court if they wish to discontinue their claim if in relation to an interim injunction
What is the procedure for a claimant to discontinue their claim?
The claimant must file a notice of discontinuance and serve it on every party in the proceedings
Does the defendant have a say in the claimant’s discontinuance of a claim?
Yes, the defendant may apply to have the notice of discontinuance set aside
Application must be within 28 days of notice of discontinuance
Does a claimant need the court’s permission to discontinue a claim?
No, they do not need the court’s permission, unless interim injunctions are involved
When will the claim be discontinued after serving the notice of discontinuance?
The claim will be brought to an end on the date when notice of discontinuance is served
If a claimant discontinues a claim, will they be liable for costs?
Yes, they will be liable for the costs of the claim
If a claimant has discontinued a claim, do they need the court’s permission to issue another claim against the same defendant?
Yes, only if they discontinued the claim after the defendant filed a defence
What is the only track that holds case management conferences?
Only the multi-track
What is the only track that holds pre-trial reviews?
Only the multi-track
In a multi-track claim, when will the court not make a costs management order?
Where they are satisfied that the litigation can be conducted justly and at proportionate cost
Is there an obligation for a litigant in person to file a costs budget?
No, there is no obligation for them
There will also be no costs consequences if they don’t file a costs budget
If an interim application has been made but is not included in the budget, will it be included in the final budget?
If the court considers it reasonable, then they may treat the costs of an interim application as additional costs
HAS TO BE REASONABLE
If an order on the court’s initiative is not an agreed direction, what will the judge need to do?
They must make a case management conference to discuss the order
Where there are two or more defendants in a claim, when will the court serve notice of proposed allocation?
When the period of filing the last defence has expired
If a party cannot attend a CMC hearing, what should they do?
They must apply to the court to vary the date for the CMC, as the parties cannot vary a CMC date by written agreement
What happens after Directions Questionnaires have been filed?
The court will allocate the case to a track
If a trial is likely to last more than one day, which track should it be allocated to?
Most likely multi-track or intermediate
If a claim is valued at £20,000, but is likely to last more than one day, which track should it go to?
Intermediate
The number of days is the most important factor
If a litigant in person has failed to file a costs budget, what may the costs consequences be?
There will be no costs consequences
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 statement that the claimant may apply to have the order set aside, varied or stayed
Once the court has provisionally allocated a claim to a track, what will they get the party to do?
File and serve a completed directions questionnaire
Within 14 days (small track)
Within 28 days (FT, IT, MT)
What does the directions questionnaire allow parties to do?
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
After the parties have filed their directions questionnaire, what will the court do?
The court will allocate the claim to a track
If a party does not file and serve the directions questionnaire on time, what will the court do?
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
If the court proposes make an order of its own initiative, what may it also do?
The court may give the parties affected the opportunity to make representations within a certain time
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?
It must give each party affected at least 3 days notice of the hearing
If a court has made an order of its own initiative without giving representations or a hearing, what may a party affected do?
They may apply to have it set aside, varied or stayed
Within 7 days of the order
How many days before a CMC must a party file and exchange budgets?
At least 21 days before
How many days before a CMC must a party file and exchange an agreed budget discussion report?
At least 7 days before the first CMC
If an interim application is made, but not included in the budget, how will the court treat it?
If it is reasonable, the costs of the interim application will be treated as additional to the approved budgets
When assessing the financial value of a claim, what will the court disregard?
Any claim for interest
Any amount not in dispute
Costs
Contributory negligence
How many days before a case management conference must parties agree appropriate directions?
At least 7 days before the CMC
If a a party cannot attend a CMC, what must they do?
They must apply to the court to vary the date
If a defendant has made an interim payment to a claimant, and the claimant wishes to discontinue the claim, what must the claimant do?
Either obtain written consent from the defendant
OR
Obtain the court’s permission
Where there are two claimants, can one claimant discontinue the claim?
Either obtain written consent from the defendant
OR
Obtain the court’s permission
What can the defendant do if the claimant discontinues the claim?
Apply to have the discontinuance set aside
Within 28 days of the notice of discontinuance
If a claimant discontinues a claim, who is liable for costs?
Claimant
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?
They must get the court’s permission
If a claim has been issued in a District Registry, who is likely to deal with the case management?
A District Judge
If a party is dissatisfied about a direction given by the court, how many days do they have to appeal it?
Within 14 days of the direction
When is the best time for the court to identify the issues in a multi-track claim?
As early as possible
