Unit 6: Costs and Case management Flashcards
Where the court proposes to make an order of its own initiative, MUST it give any person likely to be affected an opportunity to make representations?
No. Under CPR 3.3(2)(a), the court MAY do so.
Where a court proposes to make an order of its own initiative and holds a hearing to decide whether to make the order, how many days’ notice must it give the affected parties?
At least 3 days.
Where a court makes an order of its own initiative, can a party affected by the order apply to have it set aside, varied or stayed?
Yes. The order must contain a statement of the right to make such an application.
How long does a party have to make an application to set aside, vary or stay a court order (made of their own initiative)?
Either:
- Within such period as is specified by the court; or
- Not more than 7 days after the date on which the order was served on the party.
Where the Claimant has a limited or severely impaired life expectation, the court will ordinarily disapply cost management. TRUE or FALSE.
TRUE. See PD 3E.1
Precedent H is for…
Costs budgeting purposes.
Where a party’s budgeted costs do not exceed £25,000 or the value of the claim is less than £50,000, the parties must…
..only use the first page of Precedent H.
Parties in most Part 7 multi-track claims with a value of less than £10 million must do what?
File and exchange costs budgets.
If parties are not required to file and exchange costs budgets, can the court order them to do so?
Yes, under discretion.
Parties should consider and discuss whether to apply for an order for the provision of costs budgets when? Early or late?
Early stage in litigation.
The Budget discussion report under rule 3.13(2) must set out what?
The figures which are not agreed for each phase;
The figures which are agreed for each phase;
A brief summary of the grounds of dispute
Recoverable costs of initially completing Precedent H shall not exceed the higher of:
All other recoverable costs of the budgeting and costs management process shall not exceed:
£1000 or 1% of total of incurred and budgeted costs.
2% of total incurred and budgeted costs.
TRUE or FALSE. Each party shall revise its budget in respect of future costs upwards or downwards, if significant developments in the litigation warrant such revisions.
TRUE.
In default of agreement over amended budgets, amended budgets shall be submitted to the court with a note of:
The changes made and reasons;
The objections of any other party.
Is a Litigant in Person required to prepare a budget?
No. They will nevertheless be provided with a copy of any other party’s.
CPR 3.12-18 (Costs Management) and PD3E apply to all Part 7 multi-track cases, except
(a) where the claim is commenced on or after 22/4/14 and the amount is £10m or more;
(b) Where the claim is commenced on or after 22/4/14 and for a monetary claim that is not fully quantified OR for a non-monetary claim and the claim forms says it is valued at £10m or more;
(c) In proceedings on or after 6/4/16, a claim is made by or on behalf of a minor;
(d) Where proceedings are the subject of fixed costs or scale costs;
(e) The court otherwise orders.
The purpose of costs management is that the court should:
Manage both thr steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the oerriding objective.
Unless the court otherwise orders, all parties except LIPs must filed and exchange budgets with their directions questionnaire UNLESS…
The claim form is over £50k.
In other cases, no later than 21 days before the first case management conference.
Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as…
Having filed a budget comprising only of the applicable court fees.
Where costs budgets filed and exchanged, the court will make a costs management order unless satisfied that:
the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective WITHOUT such an order being made.
By a costs management order, the court will:
Record the extent to which the budgeted costs are agreed between the parties;
In respect of the budgeted costs which are not agreed, record the court’s approval after making appropriate revisions;
Record the extent (if any) to which incurred costs are agreed.
Where practicable, cost management conferences should be conducted by:
Telephone or in writing.
When making any case management decision, the court will have regard to:
Any available budgets of the parties and will take into account the costs involved in each procedural step.
In any case where a costs management order has been made, when assessing costs on the standard basis the court will:
Have regard to the receiving party’s last approved or agreed budgeted costs for each phase of the proceedings;
Not depart from such approved or agreed budgeted costs unless satisfied that there is good reason to do so;
Take into account any comments made pursuant to rule 3.15(4) or 3.17(3) and recorded on the face of the order.
Where a defendant files a defence, a court officer will:
Provisionally decide the track which appears to be most suitable for the claim; and
Servce on each party a notice of proposed allocation.
A notice of proposed allocation will
Specify any matter to be complied with by the date specified in the notice;
Require the parties to file a completed directiosn questionnaire and serve copies on all other parties;
State the address of the court or the court office to which the directins questionnaire must be returned;
Inform the parties how to obtain the directions questionnaire; and
If a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.
Parties can make a written request for a stay of proceedings when filing a directions questionnaire, to find ADR. True or false?
True.
The court will allocate the claim to a track when…
All parties have filed their directiosn questionnaaires; or
Giving directions pursuant to 26.3(8) (n/a for me i think)
UNLESS proceeding have been stayed. Then allocation will occur at the end of the stay.
The small claims track is the normal track for:
Personal injuries below £10k and value of damages is not more than £1000
Tenant and landlord claims:
- Requiring landlord to carry out repairs where the cost is not more than £1000 and any damages claim is not more than £1000.
The fast track is the normal track for any claim:
For whcih the small claim is not normal
WHich a value of not more than £25k, or £15k if issued before 6/4/2009.
Where the court considers the the trial won’t last any longer than a day
Where oral expert evidence is limited to one expert per party and expert evidence in two expert fields.
The multi-track is the normal track for any claim for whch:
Neither the small claims track or the fast track are normal.
When deciding the track for a claim, the matters to which the court shall have regard include: (9)
Financial value of claim
Nature of remedy sought
Likely complexity of facts, law or evidence
Number of parties
Value of counterclaim/Part 20 claim
Amount of oral evidence required
Importance of claim to persons who are not parties
Views expressed by parties
Circumstances of the parties
