Unit 6 Costs and Case Management Conference (CCMC) Flashcards
If the court is to make an order of its own initiative, does that involve a hearing?
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.
What form must a budget take?
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.
What is the effect of not filing a budget?
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.
When can the court make a costs management order?
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.
What will the court do when implementing a costs management order?
- 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.
What is the effect of a costs management order?
If a costs management order has been made, the court will thereafter control the parties’ budgets in respect of recoverable costs.
What is the guidance for recoverable costs for completing precedent H?
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.
Must CCMC’s happen in person?
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’.
If a case is stayed to allow for settlement, whose responsibility is it to tell the court if a settlement is reached?
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.
At what point will the court allocate the claim to a track?
Once it has received all the directions questionnaires.
What is the scope of the small claims track for PI?
(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;
What is the scope of the small claims track for Landlord and tenant?
(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.
What values are claims on the fast track limited to?
£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.
What procedural limits are on a fast track claim?
(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.
When does the multitrack apply?
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.
When deciding which track is most suitable for a claim what will the court have regard to?
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.
In deciding the track, the court needs to decide the financial value of the claim. What will it DISregard?
- Any amount not in dispute;
- any claim for interest;
- costs; and
- any contributory negligence.
What are the limitations on variation of the case management timetable on the fast track?
(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).
What are the limitations on variation of the case management timetable on the multi track?
(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).
If a judge was to recommend ADR, what might that look like?
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.
Is the court allowed to direct a single joint expert without parties’ consent?
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.
What 3 main things will a court do at a Case Management Conference?
- 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,
- 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
- 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.
What topics are the court likely to consider at a Case Management Conference?
- 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,
- whether any amendments are required to the claim, a statement of case or any other document,
- what disclosure of documents, if any, is necessary,
- what expert evidence is reasonably required in accordance with rule 35.1 and how and when that evidence should be obtained and disclosed,
- what factual evidence should be disclosed,
- what arrangements should be made about the giving of clarification or further information and the putting of questions to experts, and
- whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues.
What if a party obtains expert evidence without leave of the court?
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.
