Unit 6 Costs and Case Management Conference (CCMC)

Question 1

If the court is to make an order of its own initiative, does that involve a hearing?

Answer 1

Not always. If so, then parties are allowed at least 3 days’ notice of the hearing to prepare submissions. But the court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

Question 2

What form must a budget take?

Answer 2

Unless the court otherwise orders, a budget must be in the form of Precedent H annexed to this Practice Direction. It must be in landscape format with an easily legible typeface.
In cases where a party’s budgeted costs do not exceed £25,000 or the value of the claim as stated on the claim form is less than £50,000, the parties must only use the first page of Precedent H.

Question 3

What is the effect of not filing a budget?

Answer 3

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 the applicable court fees.

Question 4

When can the court make a costs management order?

Answer 4

At any time. Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made.

Question 5

What will the court do when implementing a costs management order?

Answer 5

2. By a costs management order the court will—
   a. record the extent to which the budgeted costs are agreed between the parties;
   b. in respect of the budgeted costs which are not agreed, record the court’s approval after making appropriate revisions;
   c. record the extent (if any) to which incurred costs are agreed.

Question 6

What is the effect of a costs management order?

Answer 6

If a costs management order has been made, the court will thereafter control the parties’ budgets in respect of recoverable costs.

Question 7

What is the guidance for recoverable costs for completing precedent H?

Answer 7

5)Save in exceptional circumstances—
a. the recoverable costs of initially completing Precedent H (the form to be used for a costs budget) shall not exceed the higher of—
i. £1,000; or
ii. 1% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted costs (agreed or approved); and
all other recoverable costs of the budgeting and costs management process shall not exceed 2% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted (agreed or approved) costs.

Question 8

Must CCMC’s happen in person?

Answer 8

Where practicable, costs management conferences should be conducted by telephone or in writing.
Any hearing which is convened solely for the purpose of costs management (for example, to approve a revised budget) is referred to as a ‘costs management conference’.

Question 9

If a case is stayed to allow for settlement, whose responsibility is it to tell the court if a settlement is reached?

Answer 9

The claimant’s. If the claimant does not tell the court by the end of the period of the stay that a settlement has been reached, the court will give such directions as to the management of the case as it considers appropriate.

Question 10

At what point will the court allocate the claim to a track?

Answer 10

Once it has received all the directions questionnaires.

Question 11

What is the scope of the small claims track for PI?

Answer 11

(1) The small claims track is the normal track for–
a. any claim for personal injuries where
i. the value of the claim is not more than £10,000; and
ii. the value of any claim for damages for personal injuries is not more than £1,000;

Question 12

What is the scope of the small claims track for Landlord and tenant?

Answer 12

(1) The small claims track is the normal track for–
b. Any claim which includes a claim by a tenant of residential premises against a landlord where –
i. the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);
ii. the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
iii. the value of any other claim for damages is not more than £1,000.

Question 13

What values are claims on the fast track limited to?

Answer 13

£25,000.00

(4) The fast track is the normal track for any claim –
a. for which the small claims track is not the normal track; and
b. which has a value –
i. for proceedings issued on or after 6th April 2009, of not more than £25,000; and
ii. for proceedings issued before 6th April 2009, of not more than £15,000.

Question 14

What procedural limits are on a fast track claim?

Answer 14

(5) The fast track is the normal track for the claims referred to in paragraph (4) only if the court considers that –
a. the trial is likely to last for no longer than one day; and
b. oral expert evidence at trial will be limited to–
i. one expert per party in relation to any expert field; and
ii. expert evidence in two expert fields.

Question 15

When does the multitrack apply?

Answer 15

The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.

Question 16

When deciding which track is most suitable for a claim what will the court have regard to?

Answer 16

a. the financial value, if any, of the claim;
b. the nature of the remedy sought;
c. the likely complexity of the facts, law or evidence;
d. the number of parties or likely parties;
e. the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;
f. the amount of oral evidence which may be required;
g. the importance of the claim to persons who are not parties to the proceedings;
h. the views expressed by the parties; and
i. the circumstances of the parties.

Question 17

In deciding the track, the court needs to decide the financial value of the claim. What will it DISregard?

Answer 17

• Any amount not in dispute;
• any claim for interest;
• costs; and
• any contributory negligence.

Question 18

What are the limitations on variation of the case management timetable on the fast track?

Answer 18

(1) party must apply to the court if he wishes to vary the date which the court has fixed for –
a. the return of a pre-trial check list under rule 28.5;
b. the trial; or
c. the trial period.
(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

Question 19

What are the limitations on variation of the case management timetable on the multi track?

Answer 19

(1) A party must apply to the court if he wishes to vary the date which the court has fixed for –
a. a case management conference;
b. a pre-trial review;
c. the return of a pre-trial check list under rule 29.6;
d. the trial; or
e. the trial period.
(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

Question 20

If a judge was to recommend ADR, what might that look like?

Answer 20

The parties shall by [date] consider whether the case is capable of resolution by ADR. If any party considers that the case is unsuitable for resolution by ADR, that party shall be prepared to justify that decision at the conclusion of the trial, should the judge consider that such means of resolution were appropriate, when he is considering the appropriate costs order to make.
The party considering the case unsuitable for ADR shall, not less than 28 days before the commencement of the trial, file with the court a witness statement without prejudice save as to costs, giving reasons upon which they rely for saying that the case was unsuitable.

Question 21

Is the court allowed to direct a single joint expert without parties’ consent?

Answer 21

Where the court is proposing on its own initiative to make an order under rule 35.7 (which gives the court power to direct that evidence on a particular issue is to be given by a single expert) or under rule 35.15 (which gives the court power to appoint an assessor), the court must, unless the parties have consented in writing to the order, list a case management conference.

Question 22

What 3 main things will a court do at a Case Management Conference?

Answer 22

1. review the steps which the parties have taken in the preparation of the case, and in particular their compliance with any directions that the court may have given,
2. decide and give directions about the steps which are to be taken to secure the progress of the claim in accordance with the overriding objective, and
3. ensure as far as it can that all agreements that can be reached between the parties about the matters in issue and the conduct of the claim are made and recorded.

Question 23

What topics are the court likely to consider at a Case Management Conference?

Answer 23

1. whether the claimant has made clear the claim he is bringing, in particular the amount he is claiming, so that the other party can understand the case he has to meet,
2. whether any amendments are required to the claim, a statement of case or any other document,
3. what disclosure of documents, if any, is necessary,
4. what expert evidence is reasonably required in accordance with rule 35.1 and how and when that evidence should be obtained and disclosed,
5. what factual evidence should be disclosed,
6. what arrangements should be made about the giving of clarification or further information and the putting of questions to experts, and
7. whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues.

Question 24

What if a party obtains expert evidence without leave of the court?

Answer 24

A party who obtains expert evidence before obtaining a direction about it does so at his own risk as to costs, except where he obtained the evidence in compliance with a pre-action protocol.

Question 25

If the parties agree about changes to CCMC directions what is the procedure?

Answer 25

Where the parties agree about changes they wish made to the directions given:
If rule 2.11 (variation by agreement of a date set by the court for doing any act other than those stated in the note to that rule), rule 3.8(4) (extensions of time by written agreement in circumstances within rule 3.8(3)) or rule 31.5, 31.10(8) or 31.13 (agreements about disclosure) applies the parties need not file the written agreement.
a. In any other case the parties must apply for an order by consent.
b. The parties must file a draft of the order sought and an agreed statement of the reasons why the variation is sought.
c. The court may make an order in the agreed terms or in other terms without a hearing, but it may direct that a hearing is to be listed.

Question 26

(On the Multi-Track) Which dates may be varied by agreement between parties and which may not?

a. A case management conference
b. Standard disclosure
c. The exchange of witness statements that the parties intend to rely on
d. The exchange of experts’ reports that the court directs the parties may rely on
e. The return of the pre-trial checklist
f. A pre-trial review hearing
g. The trial date

Answer 26

May be varied:
b. Standard disclosure
c. The exchange of witness statements that the parties intend to rely on
d. The exchange of experts’ reports that the court directs the parties may rely on
May not be varied:
a. A case management conference
e. The return of the pre-trial checklist
f. A pre-trial review hearing
g. The trial date
The time specified by the court for a person to do any act, may be varied by the written agreement of the parties, unless the rules or a practice direction, or an order of the court, provide otherwise: CPR r.2.11. 
The agreement between the parties varying a time limit must be a written agreement: 2.11.2
However, (b), (c) or (d) may not be varied if the variation would make it necessary to vary (a), (e), (f) and/or (g). (CPR 29.5(2))
CPR 29.5(1): in a multi-track case a party must apply to the court if s/he wishes to vary the date which the court has fixed for a case management conference; a pre-trial review hearing; the return of a pre-trial checklist or the trial date.

Question 27

What should you do if your opponent in a multi-track case has failed to take a step, in accordance with the timetable?

Answer 27

You should apply to the court for a sanction to be imposed. You must make the application without delay, but you should first warn the other party of your intention to do so. The most likely sanction will be an ‘unless order’ which will state that unless the party takes the required step within a certain time then their claim/defence will be struck out under CPR 3.4(2)(c). 

Question 28

What track in the County Court?:

A claim with a financial value of £28,000

Answer 28

Multi-track.

Question 29

What track in the County Court?:

A claim with a financial value of £10,000 and a counterclaim of £7,000

Answer 29

Small Claims Track.
CPR26.6(3) states, ‘the small claims track is the normal track for any claim which has a value of not more than £10,000.’ As the value given in our example is £10,000, this claim should be allocated to the small claims track.
In this question the counterclaim needs to be considered. CPR 26.8(1)(e) states that when the court is deciding the track for a claim, the matters which they should have regard to includes the value of any counterclaim 26PD 7.7. 
Commentary at 26.8.5 says that ‘when allocating to track the court will not generally aggregate claims but will take into account the largest [claim] when determining the financial value.’

Question 30

What track in the County Court?:

A claim likely to last two days

Answer 30

Multi-track. 
CPR 26.6(6). Claims are generally allocated to the Multi-track where the trial is expected to last for than one day; CPR 26.6(5) and 26.6.6.  
However, 26PD9(3)(c) states that length of trial alone does not indicate that a claim of over a day will be multi track. Commentary at 26.6.6 also refers to the Court considering a split trial. 

Question 31

What track in the County Court?:

A claim which is not for personal injuries and which has a financial value of £3,000

Answer 31

Small claims.

Question 32

What track in the County Court?:

A claim by a tenant of a residential premises against her landlord for damages for disrepair amounting to £1,500. 

Answer 32

If there is a simply an action for damages for breach of repairing obligations, with no claim for an order requiring works to be carried out, the case will normally be allocated to the small claims track if the financial value of the claim is not more than £10,000. (CPR 26.6(3))
If there is a claim for both damages and an order for works to be carried out, the case will not be allocated to the small claims track if either the cost of works or the damages claim is more than £1,000: CPR r.26.6(1)(b) and 26.6.3.

Question 33

You are ordered to file and exchange cost budgets by the 10th October 2017. Your solicitor fails to do this. What is likely to happen?

Answer 33

Unless the court otherwise orders, any party that fails to file a budget despite being required to do so, will be treated as having filed a budget compromising only the applicable court fees: CPR 3.14.

Question 34

A Part 8 claims subject to costs management?

Answer 34

Part 8 claims will not be subject to costs management unless there is a specific direction.