CCMC and disclosure

Question 1

What is the product of a CCMC?

Answer 1

directions + cost management order

Question 2

What matters can be addressed at a CCMC? (5)

Answer 2

1. settlement
2. applications ie. amendments
3. steps taken/future steps
4. estimated costs
5. compliance with previous directions/orders

Question 3

What is the procedure that leads to court making a CMO? (4)

Answer 3

1. budget
2. discussion report
3. CCMC
4. CMO

Question 4

What 2 documents must you have at least 7 days before the first CCMC?

Answer 4

1. draft directions
2. budget discussion report

Question 5

What 2 document must you have at least 14 days before first CCMC?

Answer 5

1. disclosure report
2. electronic documents questionnaire

Question 6

What document must you have at least 21 days before CCMC?

Answer 6

cost budget

Question 7

What is the purpose of a CCMC? (2)

Answer 7

1. narrow issues before trial
2. keep costs reasonable + proportionate

Question 8

What happens if parties fail to file costs budget?

Answer 8

can only recover applicable court fees

Question 9

What does a budget discussion report document?

Answer 9

agreed/disputed figures

Question 10

What does a cost budget act as? Is it possible to amend this?

Answer 10

1. a cap on the fees that the receiving party can claim
2. yes. If parties agree + court approves

Question 11

What allocation track has no “usual” disclosure order?

Answer 11

multi track

Question 12

A party has a right to inspect a document that has been disclosed except where…(3)

Answer 12

1. no longer in the party’s control
2. disproportionate
3. right to withhold e.g. privileged doc

Question 13

How does a party ask to inspect a document? When must the other party allow inspection?

Answer 13

1. written notice
2. within 7 days of receiving notice

Question 14

Standard disclosure only applies to documents which are…[. ] Name the 3 definitions

Answer 14

Within the party’s control:

i. physical possession
ii. right to possession
iii. right to inspect or take copies

Question 15

What documents must a party disclose under standard disclosure? (3)

Answer 15

1. documents which he relies; and
2. documents which

i. adversely affect his case

ii. adversely affect other party’s case; or

iii. support other party’s case; and

3. documents required to disclose by a PD

Question 16

Is standard disclosure an automatic obligation?

Answer 16

No

You must apply or court requires

Question 17

What must an application for specific disclosure contain? (3)

Answer 17

1. application notice
2. draft order
3. evidence

Question 18

What will the courts consider when deciding whether to grant an application for specific disclosure? (3)

Answer 18

1. all circumstances of the case
2. overriding objective
3. whether respondent has ‘failed adequately to comply with the obligations imposed by an order for disclosure’

Question 19

Name 2 other types of disclosure. What’s something to note about the court’s discretion?

Answer 19

1. pre action
2. non-party

Granting such orders is discretionary even where all conditions are met

Question 20

What is a Norwich Pharmacal Order (NPO)? State the 3 requirements

Answer 20

Provides a solution where court proceedings cannot be commenced because the identity of the defendant is unknown:

1. a wrong must have been (arguably) carried out by an ultimate wrongdoer;
2. there must be the need for an order to enable action to be brought against the ultimate wrongdoer;
3. the person against whom the order is sought must (i) be more than a mere witness/ bystander and (ii) be (likely) able to provide the information necessary to enable the ultimate wrongdoer to be sued

Question 21

Who pays the cost for the respondent’s disclosure to a NPO?

Answer 21

Successful applicant

but may be able to recover from wrongdoer at the costs stage