9. Case Management

Question 1

What is the overriding objective?

Answer 1

The court is to deal with cases justly and at a proportionate cost

Question 2

When court sends the parties a notice of proposed track allocation, within what time limit must the parties complete and return the Directions Questionnaire which is sent with it?

Answer 2

• 28 days for fast/multi track
• 14 days for small claims

Question 3

In determining the value of the claim, what four things will the court ignore?

Answer 3

1. Sums not in dispute
2. Interest
3. Costs
4. Contributory negligence

Question 4

To reiterate, what are the thresholds on the small claims track for (1) claims generally, (2) personal injury, (3) claim between tenant and landlord to carry out repaird?

Answer 4

1. £10k
2. £1k
3. £1k

Question 5

When might the court allocate claims with a higher value than the small claims track threshold, to the small claims track?

Answer 5

Parties agree, or less than £10,000 is actually in dispute even if the claim is for more

Question 6

What are the two grounds to set aside judgement in default?

Answer 6

mandatory
* Judgement entered before expiry of acknowledgement, defence, or claim has been paid in full.

discretionary
* Real prospect of successfully defending the claim; or
* Other good reaosn why the judmement should be set aside.

• promptness in applying is essential.

Question 7

Unless the other side has behaved unreasonably, what costs can be recovered on the small claims track, and what is the upper limit for expert fees?

Answer 7

Fixed costs and reasonable expenses.

Expert fees limited to £750.

Question 8

What condition must be met for a party to set aside a small claims decision, within what time period of service of the order must they make an application and what are the two criteria they must satisfy to succeed on the application?

Answer 8

They must not have been in attendance at the hearing.

Application must be made within 14 days of service of the order.

They must show:

1. They had good reason for not attending, and
2. Their claim or defence has reasonable prospects of success

Question 9

What are the range/threshold on the fast track for (1) claims generally, (2) road traffic accidents, and (3) personal injury generally?

Answer 9

1. £10k - 25k
2. over £5k
3. over £1k

Question 10

What is the other category of case which can be dealt with on the fast track?

Answer 10

Cases with no monetary value

Question 11

If a case is allocated to the fast track, within what time limit must the trial take place?

Answer 11

30 weeks

Question 12

In the fast track, what must costs be in order to be recoverable?

Answer 12

Proportionate to the amount in dispute

Question 13

In what two ways is expert evidence restricted on the fast track?

Answer 13

1. Court prefers written rather than oral evidence
2. Use of single joint expert is encouraged

Question 14

What is true of witness statement evidence on the fast track?

Answer 14

It stands as evidence in chief meaning it has the same weight as if the witness had testified in court

Question 15

What is the monetary threshold and what is the time threshold for a case to be put in the multi-track?

Answer 15

Claim exceeds £25k, or a lesser value but trial will last more than one day

Question 16

On the multi-track, can a party have its own expert and can it have experts in multiple disciplines?

Answer 16

Yes

Question 17

What points must parties address in the Directions Questionnaire?

Answer 17

• Whether parties have complied with pre-action protocol
• Case management information
• Whether experts are required
• Names of witnesses
• Estimated trial length
• Estimated trial costs
• Trial periods and pre-trial checklist

Question 18

Even though the Directions Questionnaire must be returned within 28 days of service of the order, what possible extension of this is available if the parties agree?

Answer 18

None. This period cannot be extended.

Question 19

At what stage is a Directions Order made?

Answer 19

Once the case is allocated to a track

Question 20

What are two notable directions which will be given on the small claims track?

Answer 20

1. Documents to be exchanged 14 days before hearing
2. No expert may be used without express permission

Question 21

On the fast track, from when the Directions Order is made, how many weeks will it generally be until:

1. Disclosure
2. Witness statement exchange
3. Expert report exchange
4. Pre-trial checklist
5. Return of pre-trial checklists, and
6. Trial?

Answer 21

1. Disclosure: 4 weeks
2. Witness statement exchange: 10 weeks
3. Expert report exchange: 14 weeks
4. Pre-trial checklist: 20 weeks
5. Return of pre-trial checklists: 22 weeks
6. Trial: 30 weeks

Question 22

If a party is not happy with the directions given by the court, within what time limit must they apply for the directions to be varied?

Answer 22

14 days

Question 23

What is the purpose of the pre-trial checklist?

Answer 23

To check that the parties have complied with directions, and consider what else may be required to prepare the case for trial

Question 24

When a Case Management Conference is listed on the multi-track, within what time limits must the parties file (1) disclosure reports, and (2) costs budget discussion report?

Answer 24

1. Disclosure report: 14 days
2. Cost budget: within 7 days

Question 25

What should the innocent party do if the other party defaults on the directions?

Answer 25

Make an immediate application to the court

Question 26

Where a party has defaulted on directions, and the innocent party has made an application to court about this, what is one type of order that the court will typically make which gives the party an opportunity to comply, and what is the impact of this?

Answer 26

The court will make an unless order, which specifies a penalty which will be imposed unless the party complies with the direction

Question 27

Where a party has defaulted on directions, what are four other options available to the court?

Answer 27

1. Impose a costs order
2. Award indemnity costs, or increased interest
3. Require the defaulting party to pay money into court
4. Debar a party from relying on evidence

Question 28

Are minor breaches of directions considered a default?

Answer 28

No, as long as the parties keep to the dates of the Case Management Conferences, pre-trial reviews, and the trial

Question 29

Where a party applies for relief from sanctions, what three factors will the courts consider?

Answer 29

*Dentons three-stage test *
1) Is the breach serious and significant?
* If not, relief should be granted.
* Consider whether breach disrupted conduct of litigation/future hearing dates might be affected.
2) If serious/significant breach - is there a good reason why default occurred?
3) Take a holistic view of all case’s circumstances
* weighing key CPR principles.

Question 30

When are parties exepected to exchange budget discussion reports in the multi-track?

Answer 30

7 days before first CMC
- Optional - also submit a case summary to assist court.

Question 31

What might lead to a wasted costs order at the CMC?

Answer 31

where a party does not send a legal representative familiar with the case and with sufficient decision-making authority.
- required post-poning of CMC.

Question 32

How many days before the first CMC does the disclosure report have to be filed, and in which track is this required?

Answer 32

in multi-track - submitted maximum 14 days before.
- except in P.I claims where standard disclosure order used in fast-track applies.

Question 33

When should parties in the multi-track submit proposed or agreed Directions?

Answer 33

Submit either agreed Direction or respective proposals at least 7 days before CMC.

Question 34

In what five scenerios, will a cost budget not have to be filed?

Answer 34

• Value is in excess of £10 million
• Claim brought by or on behalf of a minor.
• Limited or severely impaired life expectancy (5 years or less remaining)
• Where the Court chooses to disapply budgeting.
• Unrepresented litigant

Question 35

Where a defendant fails to serve a defence or an acknowledgment of service, what recourse is available to the claimant?

Answer 35

Request judgment in default if claim is for a specified amount.

Apply for judgment in default where damages or a prohibitory injunction is sought.

Question 36

What claims is judgment in default not available?

Answer 36

Part 8 claims

• instead - penalty is that the defendant cannot attend hearing unless court gives permission (CPR 8.4)

Question 37

What three types of documents must be verified by a statement of truth?

Answer 37

1) a statement of case;

2) a response complying with an order under rule 18.1 to provide further information; and

3) A witness statement.

Question 38

What are the implications of failing to verify a statement of case with statement of truth?

Answer 38

Statment of case remains effective unless struck out (by either by court/application by opposing party)
BUT
Party cannot rely on any of the evidence it sets out - essentially useless.

CPR 22.2

Question 39

Where a party is a child or a patient (mentally unwell), what is required for proceedings to continue?

Answer 39

litigation friend must be appointed.
- other than issuing/serving claim form, an opponent cannot take any additional steps in proceedings without the court’s permission.