Case and Costs Management

Question 1

What is the aim of effective case management?

Answer 1

To promote justice in a way that makes the best use of the court’s resources, to ensure cases are pushed through efficiently and effectively.

Question 2

What is the overriding objective?

Answer 2

To enable the court to deal with cases justly and at proportionate cost.

Question 3

What are the six objectives to ensure the overriding objective is met?

Answer 3

(i) ensuring that the parties are on an equal footing;
(ii) saving expense;
(iii) dealing with the case proportionately, given the cases individual characteristics;
(iv) ensuring the case is dealt with expeditiously and fairly;
(v) allotting an appropriate share of the court’s resources;
(vi) enforcing compliance with rules, practice directions and orders

Question 4

What are the cost limits when preliminarily assigning cases to a track?

Answer 4

0-10k - Small claims track;
1-25k - Fast Track;
25k+ - Multi-track

Cases between 25-100k could fall into the intermediate track.

Other factors could determine a case is suitable for another track; e.g. an 11k dispute that requires a 5-day trial and several experts will be suited to the multi-track, not fast-track

Question 5

What is the intermediate track?

Answer 5

Normal track for claims £25,000-£100,000 provided that:

(a) the trial is likely to last no longer than 3 days; and

(b) oral expert evidence is likely to be limited to 2 experts per party

There must also be a maximum of 3 parties and

Question 6

What is the directions questionnaire and what purpose does it serve?

Answer 6

It is a document both parties fill out stating several case management matters, e.g. which court they wish to attend, any experts or witnesses necessary, what pre-action protocols have been followed etc.

Paints a better understanding of the case and can more adequately assign it to a track.

Question 7

What happens when a party fails to submit the directions questionnaire in:

The county court; and
any other court

Answer 7

County court: The Court serves a notice on the party requiring compliance within 7 days, if they fail to comply the party’s statement of case is automatically struck out;

Other courts: The court makes an order deemed appropriate

Question 8

What is the suitable trial length for a fast-track trial?

Answer 8

When a trial is expected to last no longer than one day will it be suitable for the fast track.

Question 9

What is the purpose of the case management conference?

Answer 9

To evaluate live issues between the parties.

Question 10

What happens at a CMC?

Answer 10

The CMC will:

(i) review the steps already taken to prepare the case;
(ii) check the compliance with any previous directions; and
(iii) consider and give directions for next steps in the case

Question 11

What happens if a direction isn’t complied with?

Answer 11

• Party may apply for an order enforcing compliance/for sanction;
• If a trial date is impacted, the court will impose heavy sanctions

Question 12

What does the costs budget consist of?

Answer 12

Detailed breakdown of the costs and disbursements already incurred;

estimate of future costs

Question 13

When should a cost budget be filed?

Answer 13

• With the directions questionnaire for
  claims under £50,000;
• no later than 21 days before the first CMC for all other claims

Question 14

When must the budget discussion report be completed?

Answer 14

No later than 7 days before the first CMC

Question 15

In which narrow circumstances can a party amend a costs budget?

Answer 15

When there has been a substantial change in the circumstances or if the other party agrees to the change.

Question 16

What is the repercussion of a costs budget being filed late/not filed at all?

Answer 16

Then the party will only be able to recover their court fees unless the court orders otherwise.

Question 17

What 4 sanctions can the court apply in the CPR where there has been non-compliance with directions?

Answer 17

Strike out;

Costs paid on an indemnity basis;

Possible reduction/increase on the interest payable (depending on the party at fault);

an unless order

Question 18

What is strike out and where is it utilised?

Answer 18

Strike out means to strike out a statement of case, resulting in their claim or defence coming to a ‘halt’.

Commonly used if:

• statement of case is inadequate; or
• if there has been a failure to comply with a rule, practice direction, or court order

Question 19

What is the relief from sanctions test as established in Denton?

Answer 19

(i) assess the seriousness or significance of the breach (if not serious, relief is likely granted);

(ii) consider why the default occurred;

(iii) evaluate all circumstances of the case to enable the court to deal justly with the application, consider what impact relief would have.