7. Case Management Flashcards

1
Q

Small Claim track

A

Less than £10k

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2
Q

Fast track

A

£10k to £25k

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3
Q

Intermediate track

A

£25k to £100k

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4
Q

Multi Track

A

over £100k

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5
Q

Small claims track directions?

A
  • hand other party copy of docs intend to rely on
  • bring OG copy to court
  • court permission to rely on expert report
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6
Q

Intermediate track directions

A
  • disclosure
  • witness statement (no more than 30 pages)
  • expert report
  • list for trial
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7
Q

Which track has CMC?

A

Multi Track

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8
Q

What directions are given in a CMC

A
  • review steps taken
  • compliance with orders
  • future steps to take
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9
Q

Which track has a complexity band allocated?

A

Fast Track

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9
Q

How many weeks after allocation is trial held for intermediate track?

A

30 weeks

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10
Q

Reason for complexity band?

A

Determine amount of fixed recoverable costs

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11
Q

Who attends CMC?

A

Familiar with case + authority to act

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12
Q

Purpose of a case summary?

A

Identify issues in dispute

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13
Q

What if party wants to change timetabled intermediate track layout, when do they need court permission?

A

want to change:
* trial date
* pre-trail checklist
* Any CMC
* Pre trial review

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14
Q

Failure to comply with directions timetable?

A

Court issue sanctions/force compliance

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15
Q

Purpose of costs management?

A

Costs incurred are reasonable + proportionate

16
Q

What is a costs budget?

A
  • Cost incurred to date +
  • future anticipated costs (budgeted costs)
17
Q

When must cost budget be filed?

A

(less than £50k) : with directions questionnare
(over £50k): no more than 21 days before CMC

18
Q

Budget discussion report?

A

If any parties disagree with the other’s costs, outline grounds of dispute

19
Q

When to file budget discussion report?

A

7 days before CMC

20
Q

Criteria to assess costs?

A

Reasonable + proportionate

21
Q

When can you amend cost budget?

A

Significant change outside your control + could not foresee

22
Q

Failure to file cost budget on time

A

Treated as if only filed court fees (cannot recover any other expenses from loser)

23
Q

If costs awarded on standard basis?

A

Agreed costs budget

24
Awarded on indemnity basis
Penalty basis - costs dont have to be reasonable
25
Purpose of cost management order?
* Court makes sure litigation is done **just + proportionate* * record agreed costs * record court approvement of changes | Make sure you stick to costs budget report
26
Effect on no costs managenent order?
Big disparity between agreed + final costs if over 20% disparity - explain reason for difference
27
When is case struck out?
* case doesnt explain reasons for bringing/defending claim * failure to comply with direction or order
28
Relief from sanctions?
if you dont ask you dont get - appluy promptly
29
Assesment criteria when deciding whteher to grant relief?
1. serious and substantial breach? 2. why did breach happen? 3. can we still meet trial date?
30
When deciding track, what is disregarded?
Interest contributory negligence not disputed sum