Case Management Flashcards
(38 cards)
What happens after the statements of case are filed and served?
The issues in dispute should be identifiable, and the main task becomes preparation and exchange of evidence — documentary, witness statements, and expert reports — to support the trial and enable potential settlement.
What is case management and how does it relate to costs management?
Case management is the court’s direction of the case from post-statements of case to trial. It includes overseeing the exchange of evidence and compliance with court orders. Costs management is its sister topic, focused on proportionate cost control.
What are examples of the court’s general case management powers under CPR 3.1(2)?
The court may: extend/shorten time for compliance; adjourn or advance hearings; require party attendance; stay proceedings; order costs budgets; and make any other order to manage the case and further the overriding objective.
What is the court’s power to act on its own initiative under CPR 3.3?
The court can make an order without application by a party. If done without a hearing, the order must state the right to apply to set aside, vary, or stay within a specified period (or 7 days by default).
What is meant by ‘strike out’ of a statement of case?
It is the deletion of material from a statement of case, preventing reliance on it. It may include striking out the entire statement, ending the case. It is used for defective or abusive claims.
On what grounds can the court strike out a statement of case under CPR 3.4?
(a) No reasonable grounds for the claim or defence; (b) abuse of process or obstruction of justice; (c) failure to comply with a rule, PD or order.
What constitutes an abuse of process
Misuse of court procedures — e.g. vexatious claims or commencing proceedings without intent to continue
What are examples of CPR 3.4(2)(c) non-compliance?
Late service of documents, failure to attend court, or being unprepared. Strike out is unlikely unless a fair hearing is impossible.
What happens when a statement of case is struck out under a conditional order?
The other party may apply for judgment with costs, usually by request, unless an application is specifically required.
How does strike out differ from summary judgment?
Strike out deals with defects in the pleadings; summary judgment (CPR 24) is based on factual weakness.
How does strike out differ from default judgment?
Default judgment (CPR 12) is procedural, based on failure to respond. The court does not assess merits. Strike out may involve substantive assessment.
What are sanctions in civil litigation?
Sanctions are penalties imposed to secure compliance. They include interest reductions, indemnity costs, strike out, and others. There is no exhaustive list.
How can the court impose sanctions?
By order, either immediately or via an unless order. An unless order contains an automatic sanction for non-compliance by a set date/time (e.g. striking out a defence).
What are examples of automatic sanctions in the CPR?
CPR 35.13 (exclusion of expert report if not disclosed); CPR 3.14 (failure to file a costs budget results in being treated as having filed only court fees).
When can time limits be extended by agreement?
Generally, parties can agree extensions unless prohibited by rule or order. Exceptionally, where a rule/order specifies a sanction, the parties can only agree an extension of up to 28 days and only if no hearing date is at risk.
What happens if a party fails to comply with a sanction-imposing rule or order?
The sanction takes effect automatically unless the party applies for and obtains relief under CPR 3.9.
What is the Denton test for relief from sanctions (CPR 3.9)?
The court must:
- Assess seriousness/significance of the breach;
- Consider why it occurred;
- Evaluate all circumstances, giving weight to efficient, proportionate litigation and compliance with rules.
What did the Court of Appeal decide in Denton and the related cases?
- Denton: Relief refused; breach vacated trial date.
- Decadent Vapours: Relief granted; minimal breach, no disruption.
- Utilise TDS: Relief granted; short delay not significant.
What is the difference between relief from sanctions and an in-time application?
Relief applies post-deadline. In-time applications are made before the deadline and do not invoke CPR 3.9.
When is an application to set aside default judgment treated as an application for relief from sanctions?
When the defendant relies on CPR 13.3 (discretionary setting aside). The Denton test applies.
What are the four tracks to which a claim may be allocated?
Small claims track, fast track, intermediate track, and multi-track.
What criteria are used to allocate a claim to a track?
Primarily claim value (excluding interest, costs, etc.), but also complexity, parties, remedies, evidence, and views of the parties
What is the normal value scope of each track?
- Small claims: ≤ £10,000 (PI injury damages ≤ £1,500 or £5,000 depending on context)
- Fast track: ≤ £25,000, trial ≤ 1 day, max 2 experts
- Intermediate track: ≤ £100,000, trial ≤ 3 days, 2 experts per party
- Multi-track: all others
What is the procedure for allocation after defence is filed?
- Court sends notice of proposed allocation
- Parties file DQs
- For fast/intermediate/multi-track: parties also file directions and costs budgets (where applicable)
- Court allocates and issues notice
