Case management Flashcards
What is strike out?
The deletion of written material from the statement of case so that it cannot be relied on in the proceedings by any party. it can include deletion of the entire statement of case so that the case is effectively over strike out is designed to target cases that are in adequately drafted or otherwise an abuse of the court process.
What is the difference between strikeout and summary judgement?
Strikeout focuses on the statement of case and so covers cases which do not amount to a legally recognisable claim or defence. The case or issues are weak as pleaded. Summary judgement covers cases which are weak on the facts.
Grounds for strike out?
A. the statement of case discloses no reasonable amount for bringing or defending the claim
B. The statement of case is an abuse of the courts process or otherwise likely to obstruct the just disposal of proceedings
C. There has been a failure to comply with the rule, practise direction quote order
What is no reasonable ground for bringing or defending the claim
Ground A for strike out
A statement of case may be struck out if it discloses no claim or defence as a matter of law. It is therefore important that the party statement of case is properly set out
What is abusive process or likely to obstruct just disposal of proceedings?
Ground B for strike out
Abusive process is a misuse of procedure. It is not defined in the CPR, but Lord Bingham said that it is ‘using that process for a purpose or in a way signifying difference from it ordinary and proper use’
What is abusive process or likely to obstruct just disposal of proceedings?
Ground B for strike out
Abusive process is a misuse of procedure. It is not defined in the CPR, but Lord Bingham said that it is ‘using that process for a purpose or in a way signifying difference from it ordinary and proper use’
What is failure to comply with the rule, practise direction or quote order
Ground C covers cases the abuse is not in the statement of case itself, but is in the way the claim wood fence has been conducted
What is the judgement after strike out?
Where the court makes an order which includes a term that the statement of case of a party will be struck out if the party does not comply with the order and the party does not comply and so the statement of case is struck out the other party can generally obtain judgement with costs by filing a simple request at court
What are some of the court’s powers to manage cases and costs
• Extend/shorten the time for compliance with any rule, practise direction or quote order.
• Adjourn hearings or bring them forward
• Require a party or their legal representative to attend court.
• Stay the whole or part of the proceedings or judgement, either generally or until a specified event.
• Order any party to file and serve A costs budget.
How many allocations to track are there?
4
Name the different allocations to track
Small claims track
Fast track
Intermediate track
Multi-track
What is the scope for small claims track (excluding PI claims)
cases up to £10,000
claims by a tenant of residential premises against a landlord for repairs where repairs or damages total not more than £1,000.
What is the scope of the small claims track for PI claims?
In addition to the claim not being more than £10,000
Road traffic accidents before may 2021 or if the claimant is a child/protected party/riding motorcycle and the damages for that is not more than £1,000
Other road traffic claims should not be more than £5,000
Other PI claims (not road) the damages are valued not more than £1,500
What is the scope for fast track
for claims up to £25,000, provided that:
(a) the trial is likely to last no longer than one day (five hours); and
(b) there will only be oral expert evidence from one expert per party in each of no more than two expert fields
What is the scope for intermediate track
claims up to £100,000, provided that:
(a) the trial is likely to last no longer than 3 days if managed proportionately; and
(b) oral expert evidence is likely to be limited to two experts per party
What is the scope for multitrack
All other types of cases
Most likely more than £100,000 or complex cases
What is the process for allocation
Defence is filed
Court sends out the notice of proposed allocation, provisionally allocating the claim to the small claims track, fast track, intermediate track or multi-track
Parties file directions questionnaires
If the claim has been provisionally allocated to fast, intermediate or multi, the parties also file proposed directions
The court will allocate the claim to a track (after a hearing if necessary) and serve a notice of allocation
What will the court do when allocating to small claims track
Usually give directions
What will the court do when allocating to fast track
Usually give directions
What will the court do when allocating to intermediate or multitrack
Give directions or fix a case management conference at which directions will be considered
What does the notice of proposed allocation indicate
Which track is proposed for the claim
What are some things the notice of proposed allocation require the parties to do
- File and serve a directions questionnaire
- On the fast track, intermediate track or multi-track, file proposed directions; and
- For claims under the costs management regime, file and serve a costs budget and an agreed budget discussion report
Which of the following is not an example of the court’s power to manage cases?
A) Require a party to file a costs budget.
B) Require a party to take a step in the proceedings to further the overriding objective.
C) Extend time to comply with the court’s order to file a witness statement by 1st June.
D) Require a party to change its legal representative due to high legal costs.
E) Require a party to attend court.
D) Require a party to change its legal representative due to high legal costs.
