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Case management Flashcards

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1
Q

what is the small claims track the normal track for?

A

Any claim where:

the value of the claim is not more than £10,000

and If it includes PI:
the value of the damages for PI does not exceed £1500

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2
Q

What is classed as a damage for personal injury?

A

Damage for pain, suffering and loss of amenity

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3
Q

What is the fast track the normal track for?

A

Money claims between £10,000-£25,000

And:

trail is likely to last one day

evidence will be one expert per party in a max of two expert fields

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4
Q

What is the intermediate track for?

A

Claims between £25,000-£100,000

Trial of no more 3 days

Oral evidence = 2 experts per party

Max of three parties

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5
Q

Can a case be allocated to the intermediate track if there is a claim for non-monetary relief?

A

Not usually, unless in the interests of justice to do so

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6
Q

What is the multi-track for?

A

Everything that doesn’t fit anywhere else

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7
Q

When must a multitrack allocation be done?

A

When it’s clin neg and the value is over £100,000 (i.e. its not intermediate track)

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8
Q

What may happen before allocation?

A

Request for further information

An allocation hearing (if appropriate)

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9
Q

When deciding allocation what will not b relevevant?

A

costs
interest
contrib negligence

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10
Q

How is a claim valued where there are two or more claimants against the same defendant?

A

If each claim is separate, they are each valued separately

If they are not separate, they are valued together

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11
Q

When it has allocated the case, what will the court do?

A

Serve a notice of allocation on the partiesn

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12
Q

Can the court reallocate a case?

A

Yes, either on its own initiative or on application.

But, if intermediate track and directions have been given it can only reallocate if there are exceptional reasons to

Complexity bands can only be reassigned if there has been a change of circumstance

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13
Q

When valuing the claim, what will the court consider?

A

The value in dispute

i.e if summary judgment has been entered/liability admitted in respect of part of the claim, it reduces the value

This can change the normal track

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14
Q

Does the court aggregate the claims to value the claim?

A

No - normally the largest is the value if the claim

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15
Q

How long is a day in court for the purposes of allocation to the fast track?

A

5 hours

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16
Q

If a case involves a counterclaim or additional claim that will mean the case lasts longer than a day, but has a value of £25,000 or less, can it be fast track?

A

No

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17
Q

How should time be calculated when it is in days?

A

Clear days

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18
Q

when will weekends and bank holidays not count toward a time limit?

A

When it is 5 days or less

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19
Q

If a time limit requires an action at the court office to be completed on a day the office is closed when can it be completed?

A

If it is done on the next day the office is open

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20
Q

What is the general rule for time variation between the parties?

A

They can vary by written agreement

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21
Q

What may the court do when it makes an order under its own initiative?

A

hear representations

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22
Q

How much notice should the court give if it is to have a hearing on an order it intends to make on its own initiative?

A

3 days

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23
Q

What is the standard time limit for applying to set aside an order on the courts initiative?

A

7 days from service

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24
Q

When can an applicant apply for judgment after strike out (as a result of an unless order) without using part 23?

A

If the claim is for:

money
Delivery of payment in lieu of goods
a combination of the two

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25
What may the court do if there has been an error in proceedings?
Rectify it the error does not invalidate proceedings, unless the court so orders.
26
When will costs management processes apply?
To all cases except multi-track claims worth £10M or more
27
When should a costs budget be filed?
If less than £50,000 with directions questionnaires Otherwise 21 days before the first case management conference
28
When does someone not need to produce a costs budget?
If a litigant in person
29
After costs budgets are served, when should a party file an agreed budget report by?
Not less than 7 days before the first case management conference
30
What is the effect of not filing a costs budget?
Treated as having file a budget with only the applicable court fees
31
What is the maximum recoverable for filing Precedent H (costs budget)
£1000 or 1% of the incurred costs and budgeted costs whichever is higher
32
what is the maximum recoverable for cost management overall?
2% of the total incurred costs and the budgeted costs
33
What is the court's approach when reviewing budgeted costs?
It shall consider whether they fall within the range of reasonable and proportionate costs
34
When will the court serve notice of proposed allocation?
When the defendant files the defence (or when all defences are file, or should have been)
35
How long with the parties have to file the documents (including directions questionnaire) required by the notice of proposed allocation?
at least 14 days if small claims track At least 28 days for other tracks
36
What can the parties do at the point of filing a directions questionnaire if they think they can settle?
Request a stay. Court will grant a stay of 1 month (or longer as it sees fit)
37
What will be included in the case management directions of the fast and intermediate tracks?
An order for disclosure A trial date or three week period in which trial will take place. service of witness statements expert evidence
38
Can the parties vary the case management timetable?
Yes by application to the court if it concerns: CMC pre-trial review filing the pre-trial check list trial trial period Any other variation cannot be done with consent if it will impact this timetable
39
When should case management directions be given
In fast track should give directions when allocation is fixed, unless a hearing is necessary Intermediate, can give directions or have case management conference
40
What should parties try and do before a CMC in the intermediate track?
Agree directions. They should either submit their own directions or their agreed directions at least 7 days before CMC
41
In the intermediate track what is the maximum length of all permitted witness statements?
30 pages
42
In the intermediate track what is the maximum length of experts report?
20 pages
43
What will the court do when it allocates a claim to the multitrack?
Give directions This can include a case management conference or a pre-trial review or both
44
When will the court give dates for a multi-track trial?
As soon as is practicable
45
Who must attend a CMC or a Pre-trail review on the multitrack?
A legal rep if someone is represented
46
How long before a CMC in the multi-track should parties submit agreed directions (or at least their own directions)?
at least 7 days
47
What happens if agreed directions are accepted by the court, or the court gives its own directions? ?
The CMC will be vacated
48
If a party wishes to alter a date in the case management timetable in the multitrack, when would they need to apply to the court to do so?
If they wish to vary the date of the: CMC pre-trial review when pre-trial checklist is due trial trial period Or, if any variation suggested would vary the above by knock on effect
49
When must a pre-trial checklist be returned?
When told to by the court (unless the court decides one is not necessary)
50
What is the effect of no party returning the checklist on time?
The court will order that unless a completed pre-trial checklist is filed within 7 days then the claim, defence and any counter claim will be struck out
51
What is the effect if one party does not file, a party has not given enough detail?
The court will make such directions as it thinks fit
52
What will the court do on receipt of the pre-trial checklists?
Decide whether to hold or cancel a pre-trial review. It will give 7 days notice before the date fixed for the review
53
Where is a multi-track case which is proceeding at the royal courts of justice case managed?
Royal courts of justice
54
Where is case management of a multi-track claim carried out if not the rcj?
Civil Trial Centre
55
What are the hallmarks of the multitrack?
The ability to deal with a wide range of complexities and values of claims, and case manage in a way which is needed
56
Who conducts case management for a multitrack case in the RCJ?
A Master
57
Who conducts case management for a multitrack case in the high court district registry?
District Judge
58
Who conducts case management for a multitrack case in the county court ?
District or circuit judge
59
How may the court direct the exchange of expert reports if some are required for liability and some for damages?
Liability exchanged simultaneously Damages exchanged sequentially
60
What principle underpins case management conferences?
the overriding objective
61
What happens if the legal rep who attends a case management conference is inadequate and the conference is vacated?
The court will expect to make a wasted costs order
62
How will a case management conference in the multitrack interact with expert evidence?
It will consider whether it is necessary It will not make an order for specific evidence unless the expert is identified expressly and it is decided whether they will provide oral or written evidence Any expert instructed before approval is done so at a costs risk to the instructing party, unless in line with a pre-action protocol
63
Can the court make an order it would not routinely make at a cmc in the multitrack?
Yes - but if a party thinks it will be opposed, they should make the application with enough time for it to be considered If time allowed in cmc is too short, should tell the court
64
What is the impact of failing to comply with directions?
Court will not delay trial unless exceptional circumstances If the issues are not ready for trial, it may proceed with those that are and either make an order that there are no further costs for the other issues, or that the defaulting party pays costs Broadly it will seek to keep the trial date in place and give orders to do so. It may be that these penalise the defaulting party
65
How can a party receive relief from a costs sanction?
Appealing against the costs order (r.3.9 & Denton does not apply)
66
Can the time-limit for an action that has a sanction stated be extended by agreement between the parties?
Up to 28 days, unless the court orders otherwise
67
What will the court consider on an application for relief from sanctions?
All the circumstances of the case - with particular regard for the overriding objective
68
What test will the court apply when considering an application for relief from sanctions?
Denton Test - Three stages: (i) how serious or significant is the breach? (ii) why did the breach happen? (iii) all the circumstances so that the overriding objective can be applied
69
What is the significance of the first Denton limb?
If the breach is neither serious nor significant, it is likely that relief from sanctions will be provided
70
What is the significance of the second Denton limb?
if there is good reason for the breach, then the relief is likely to be granted
71
What two factors must be explicitly considered in the third Denton limb?
The need to comply with rules and PDs The need for cases to dealt with justly and at proportionate cost
72
Does Denton apply to applications to set aside default judgments?
Yes First applies 13.3 (real prospect of success or some other good reason) then Denton
73
What are the three situations in which the court can strike out a statement of case (or part of one) ?
(i) It has no reasonable grounds for success (ii) it is an abuse of the court's process/is likely to obstruct the just disposal of proceedings (iii) failure to comply with PD, rule or court order
74
If a claim is struck out and a costs order made, what can the court do to any subsequent claim which is made and arises out of the same facts?
Stay the claim until costs are paid
75
What must the court do if it strikes out a statement of case which it considers totally without merit?
It must record that fact It must consider whether to make a civil restraint order
76
Does D have to file a defence before the hearing if they apply to strike out a particulars of claim?
No
77
Which test is relevant to consideration of strike out where there has been a failure to comply with an order, rule or PD?
Denton
78
Can an application for strike out be rejected on the papers?
No
79
What is a relevant consideration to strike out for abuse of process?
Res Judicata - the idea that issues, causes of action which have been litigated should be estopped from re-litigation. It also includes the idea that matters which should have been raised in previous litigation should not form the basis of new litigation
80
If a claimant claims more than one remedy but then abandons one of those remedies, is this an amendment (part 17) or a discontinuance (part 38)?
Amendment
81
When must C get permission from the court to discontinue a claim?
When the court has given an interim injunction or any party has given an undertaking to the court
82
How can C discontinue a claim where they have received an interim payment?
If D (who paid it) consents in writing or the court gives permission
83
Where there is more than one C, how can a claim by one of those claimants be discontinued?
If every other claimant consents in writing of the court gives permission
84
What is the procedure for discontinuing?
Party must serve a notice of discontinuance on each party & file with the court It must include written consents if collected It must state that the notice has been served on each party it must state which D the claim is discontinued against (if more than one)
85
Can D apply for a notice of discontinuance to be set aside?
Yes -but no more than 28 days after the notice of discontinuance was served
86
What date does discontinuance take effect if the court did not need to give permission?
On the date that notice was served by the party discontinuing
87
What is the normal costs position if discontinued?
C is responsible for the costs incurred by D on or before the date of discontinuance. if only partly discontinued, it is those costs (assessed at the end of proceedings) (unless allocated to the small claims track)
88
Under what circumstances does C need permission from the court to start proceedings against D if C discontinued a claim against D?
if: (a) they discontinued the claim after defence was filed (acknowledgement of service in part 8) and (b) the new claim arises from the same facts (or those which are substantially the same)
89
How should permission to bring a new claim after discontinuance be sought?
Application included with claim form
90
Does D have to file an acknowledgement of service in a claim brought after discontinuance which requires permission?
No - not until permission is granted

Civil Lit (23 decks)

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