4): Case Management, Interim Applications Relevant to a Claim Flashcards
(18 cards)
What is an interim application and how is it made?
Made after litigation starts but before trial
Filed using Form N244 (application notice)
States the order sought and reasons
Attach draft order + evidence (statement of truth)
Serve 3 clear days before hearing (if with notice)
What are the rules for consent orders and short hearings?
Agreed orders can be made without a hearing if appropriate
Video/phone hearings allowed for <1 hour (not without notice apps)
What is the summary judgment procedure?
File N244 + witness statement
Respondent: gets 14 days’ notice, serve evidence 7+ days before hearing
Applicant reply: 3+ days before hearing
What is an interim payment application and its procedure?
- Part payment of damages before trial
- File N244 + witness statement
Claimant must prove:
▸ D admits liability
▸ Judgment entered
▸ C likely to win substantial sum - Court may order reasonable proportion only
What is an interim injunction and when is it granted?
Temporary court order before trial to preserve status quo
Grounds (per American Cyanamid):
▸ Serious issue to try
▸ Adequacy of damages
▸ Balance of convenience
▸ Special factors
How is an interim injunction obtained (procedure)?
Apply using N244 + evidence (statement of truth)
Serve 3 clear days before hearing
Without-notice allowed if urgent + cross-undertaking required
What is the court’s overriding objective and how is it applied?
To deal with cases justly, fairly, efficiently, and proportionately
Court must apply it when exercising powers
Accommodations for vulnerable parties (e.g. video evidence)
How are claims allocated to tracks?
Based on Directions Questionnaire (N181), costs estimates
CPR 26.8(1) factors: complexity, value, time, and parties’ views
What are the three traditional track types?
Small Claims (<£10k): Simple, informal, no costs recovery
Fast Track (£10k–£25k): 1-day trial, 1 expert/field
Multi-Track (>£25k or complex): No limits, full case management
What are fixed recoverable costs and when do they apply?
Apply to Fast Track and Intermediate Track
Fixed by PD 45 based on stage and complexity band
What is the New Intermediate Track and its features (from Oct 2023)?
Value £25k–£100k, trial ≤3 days, max 2 experts
Witness evidence: 30 pages;
Expert reports: 20 pages
Split into 4 complexity bands
What are the 4 complexity bands under the Intermediate Track?
Band 1: Simple (e.g. debt recovery), 1 day or less for trial
Band 2–3: Moderate complexity, >1 issue disputed
Band 4: Complex legal/factual issues, trial ≈3 days
Can the court reallocate tracks?
Yes, either party can apply, or court may do so on its own
What will the court disregard in calculating track value?
Interest, costs, uncontested amounts, contributory negligence
What are the key fast track directions and deadlines?
Disclosure: 4 weeks
Witness statements: 10 weeks
Expert reports: 14 weeks
Pre-trial checklist: filed at 22 weeks
Trial: ≈30 weeks
What is the procedure for claims on the multi-track?
CMC arranged; directions set
Legal rep must attend
Directions filed ≥7 days before CMC
If agreed → CMC vacated
What happens if a party misses case management deadlines?
Other party can apply for sanctions
Sanctions apply unless relief is granted
Trial cannot be postponed due to non-compliance
What is the procedure for managing costs at the CMC?
File costs budget: incurred + anticipated (21+ days before CMC)
Budget discussion report (7+ days before CMC)
If disagreement: court makes cost management order
Costs recoverable on standard or indemnity basis at end of trial
