Case Management Flashcards
(38 cards)
Q: What are the primary powers courts have under CPR Part 3 for case management?
A: Courts can make, alter, or revoke orders, strike out cases lacking merit or breaching rules, and impose penalties for non-compliance or actions that disrupt proceedings.
Fast/Intermediate Track – Flashcard 1: From Acknowledgment to Directions Order (3)
After Acknowledgment of Service (or Defence), court sends Directions Questionnaire (DQ) to parties.
- Parties complete and file DQ (Form N180 for Fast Track or N181 for Intermediate Track).
- Parties state track preference, witness/experts needed, trial length, settlement prospects.
- For Intermediate Track: must propose which complexity band (1–4) applies.
- The court then ALLOCATES CLAIM TO A TRACK (after DQ has been filled out);
- The court will then issue a DIRECTIONS ORDER setting a timetable for pre-trial steps.
* A directions order is a timetable of procedural steps parties must take before trial. These directions can be standard directions (Fast Track) for simple claims or banded directions (Intermediate track)
* The court may hold a Directions Hearing (if needed).
Directions may include:
- Disclosure by list (standard disclosure);
- Exchange of witness statements;
- Expert evidence (only if necessary, usually single joint expert);
- Trial date/window set.
Fast/Intermediate Track – Flashcard 2: From Directions to Trial (6)
- Parties comply with Directions (deadlines for disclosure, statements, expert reports).
- The parties can apply for interim applications (e.g., summary judgment, strike out) using N244.
- Applications heard on paper or short hearing.
- Parties may agree variations to directions with court’s permission (CPR 28.6).
- Pre-trial checklist (Listing Questionnaire, Form N170) sent ~8 weeks before trial.
- Parties file completed checklist confirming compliance and readiness for trial.
- Court schedules a date for the trial + allocates a judge and a time slot and confirms time estimate and any final orders.
- Final preparation includes trial bundles, skeleton arguments if required.
- Trial conducted – limited to 1 day in Fast Track, more flexibility in Intermediate.
Multi-Track – Flashcard 1: From Acknowledgment to Case Management Conference (CMC) and Directions order (6)
- After Acknowledgment/Defence, parties file Directions Questionnaires (Form N181).
- Court sets date for Case Management Conference (CMC).
- Parties prepare draft directions, costs budgets, and case summary.
- Parties MUST file Costs Budgets (submitted on form Precedent H) if claim is more than £50,000 (this is mandatory). This must be filed 21 days before the CMC
- A Costs Budget is a detailed estimate of each party’s future legal costs in the litigation.
- It includes past costs incurred and anticipated costs for each stage (e.g., disclosure, witness evidence, trial prep, etc.).
- Parties must file budget discussion report ( submitted on form Precedent R) 7 days before CMC.
- A budget discussion report is a short summary report parties must submit to show:
- Which parts of the other party’s Costs Budget they agree with;
- Which parts they dispute.
- At CMC, court considers:
* Directions for disclosure, witness/expert evidence, trial window;
* Budgeting (Costs Management Order may be made);
* Settlement (may order stay or encourage ADR). - Court issues Directions Order tailored to case complexity.
The court may also order:
* Disclosure Review Document (DRD, for electronic disclosure);
* Sequential expert reports or meetings between experts.
Multi-Track – Flashcard 2: From Directions to Trial (7)
- Parties follow Directions timetable:
- Disclosure (standard, specific, or electronic);
- Witness statement exchange;
- Expert reports and joint meetings;
- Parties may make interim applications (e.g., strike out, interim injunctions).
- Court may list Further CMC or Pre-Trial Review (PTR) for complex cases.
- Pre-Trial Review (PTR) checks compliance, refines issues, confirms trial timetable.
- Filing of Pre-Trial Checklist (N170) ~8 weeks before trial.
- Court schedules a date for trial + allocates a time slot, allocates judge, and final preparations made.
- Trial bundle, skeleton arguments, and chronology (a neutral, agreed list (if possible) of the key dates and events relevant to the dispute, submitted to help the judge quickly grasp the sequence of events before hearing evidence) submitted per court directions.
- Trial conducted, with oral evidence, submissions, and judgment.
Q: What are the key tracks for case allocation, and what do they represent?
- Small Claims Track: Simplified procedures for claims typically under £10,000.
- Fast Track: For cases requiring limited court time, valued between £10,000 and £25,000.
- Intermediate Track: For moderately complex cases valued between £25,000 and £100,000.
Multi-Track: Reserved for complex or high-value claims, generally above £100,000.
Q: What is a Directions Questionnaire (Form N181) and its purpose?
A: The directions questionnaire (Form N181) is a form used in civil cases to help the court plan how to manage the case and what directions it should set.
It includes details from each party on things like:
- settlement attempts,
- Disclosure requirments and timelines
- witness information
- expert evidence requirments
- estimated trial length
- Costs estimates
- Track suggestion
This information helps the judge decide the case’s track (small, fast, intermediate multi-track- based on the claim’s complexity/costs) and outline the next steps.
Q: What are the consequences if a party fails to file the directions questionnaire
If the claim is for money in the county court, the court will serve a **default notice **on the defaulting party requiring compliance within 7 days. Failure to do so results in the party’s statement of case being automatically struck out.
In all other cases, the court will make such an order as it considers appropriate. This can include:
- Striking out a statment of case
- An order for compliance
- List the matter for a CMC
Q: If the court schedules a CMC (which is discretionary for the intermediate track), when must the parties submit agree appropriate directions and submit their proposals to the court + what is usually included?
The parties need to either agree appropriate directions (which are likely to be standard directions) OR submit their proposals to the court at least 7 days prior to the conference.
The matters to be dealt with include disclosure of documents, service of witness statements (not exceeding 30 pages), expert evidence (1 expert per party in most instances, with expert reports not exceeding 20 pages).
Q: After the parties have filed their costs budgets, along with the directions questionnaire (for claims of less than £50,000, no later than 21 days before the first CMC), when must parties file and complete a budget discussion report + what is the purpose of the budget discussion report?
The parties must complete a budget discussion report (Precedent R), no later than seven days before the first CMC.
The purpose of the cost budget report, it to show the costs/figures for agreed phases of litigation, but also the costs/figures that are not agreed, with a brief summary of the grounds of dispute.
Q: What is the purpose of a Case Management Conference (CMC)?
A: To assess the necessary steps for advancing the case to trial, particularly in complex multi-track cases, and to ensure compliance with court directions.
Q: What are costs budgets, and when must they be filed?
A: Costs budgets (using Precedent H) outline incurred and anticipated costs. They must be filed with the directions questionnaire for claims under £50,000 or no later than 21 days before the CMC for higher claims.
Q: What is the effect of a Costs Management Order?
A: It controls costs within approved budgets. Courts enforce adherence unless significant changes justify a budget revision.
Q: How can parties seek relief from sanctions?
A: Parties must apply promptly, providing evidence. Courts use the Denton test, assessing seriousness, reason for the breach, and overall case circumstances.
Q: What is the primary factor in deciding track allocation for a case?
A: The primary factor is the financial value of the claim, with the amount generally setting the threshold for the appropriate track.
Q: What are the key components of the Fast Track in terms of, how the Claim is Progressed, Evidence, Time trial is expected to last and how Costs are awarded?
Fast Track;
- Claim Progression
○ Standard directions (but these may be more limited)
- Evidence
○ Expert evidence is more limited
○ 1 single joint expert witness between parties except in exceptional circumstances
○ Court’s will rely on written report at trial. - Time
○ Trial is not expected to last longer than one day - Costs
Costs are awarded on a fixed basis
Q: What types of cases typically qualify for the Small Claims Track?
A: Claims with a financial threshold of £10,000 or less, including consumer disputes, ownership disputes, limited landlord-tenant issues, and lower-value personal injury claims (with special rules for road traffic accident injuries).
What are the key components in the Intermediate Track in terms of how the Claim is Progressed, Evidence, Time trial is expected to last and how Costs are awarded?
Intermediate Track;
- Claim Progression
○ Standard directions for the most part
○ but these may be tailored to the individual case
- Evidence
○ Witness statements are limited to 30 pages
○ Expert evidence (the main body of a report) is restricted to 20 pages
○ Only one expert (per party), will give evidence at trial, unless a second expert is reasonably requires. - Time
○ Trial mustn’t last longer than 3 days - Costs
Costs are awarded on a fixed basis
Q: What are the key deadlines in the Fast Track timetable?
- Disclosure: 4 weeks
- Witness Statements: 10 weeks
- Expert Reports: 14 weeks
- Pre-trial checklists: 20 and 22 weeks
- Trial: 30 weeks
Q: What limitations apply to witness and expert evidence in the Intermediate Track?
A: Witness statements are limited to 30 pages, expert reports to 20 pages, and each side is generally allowed only one expert (two if reasonable and proportionate).
Q: What is required in a costs budget under Precedent H?
A: It must detail incurred and budgeted costs across case phases, such as case management, disclosure, evidence gathering, trial preparation, trial, ADR, and contingencies. A senior legal representative must verify it.
Q: What happens if a costs budget is filed late?
A: If filed late, the defaulting party is deemed to have filed a budget limited to court fees only, significantly restricting their ability to recover costs without court relief.
Q: What is a Costs Management Order and how does the court use one?
A: The costs management order:
- records agreement on costs,
- approves or revises budgets, and
- binds parties to the budgeted costs they have agreed upon or that the court has set unless there is a good reason to depart from them.
Q: What are the consequences of failing to comply with court directions?
A: Failure may lead to enforcement orders, sanctions, or even striking out a party’s case. The trial date is a priority and will not typically be postponed due to non-compliance.
