Case management and costs Flashcards
(37 cards)
What is strike out?
The deletion of written material from a statement of case so that it cannot be relied on in the proceedings of any party. To target cases that are inadequately drafted or otherwise an abuse of the court process.
When can court strike out whole or part of a statement of case?
On its own initiative or the application of a party. Applications should be made ASAP and preferably before allocation.
What is the difference between strike out and summary judgement?
Strike out focuses on statement of case, covers cases that do not amount to a legally recognisable claim or defence. Summary judgement covers cases that are weak on the facts.
What is the difference between strike out and default judgement?
DJ is the consequence of defendants failing to respond to a claim. It is procedural. Courts do not consider the merits of the case.
What are the grounds for strike out?
a) The statement of case discloses no reasonable ground for bringing or defending the claim.
b) The statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of proceedings.
c) There has been a failure to comply with a rule, practice direction or court order.
What is the scope of the fact track?
Up to £25k.
Trial is likely to last no longer than one day (5 hours).
There will only be oral evidence from one expert per party in each of no more than two expert fields.
What is the scope of the small claims track?
Value not more than £10k.
Also claims by tenant of residential premises against a landlord for repairs for less than £1k.
What is the scope of the intermediate track?
Up to £100k.
Trial likely to last no longer than three days.
Oral expert evidence is likely to be limited to two experts per party.
What is the scope of the multi track?
All other types of case that can’t be dealt with in small, intermediate, fast.
What are the special rules relating to personal injury claims in the small claims track?
Small claims track is normal is value of the claim is not more than 10k and in addition:
In relation to road traffic accidents where claimant is child/protected party/motorbiker, PSLA not more than £1k.
In relation to other road traffic, damages for personal injuries not more than 5k.
In other personal injury claim, damages for PI not more than 1.5k.
What is the overview of the allocation process?
- Defence is filed.
- Court sends out notice of proposed allocation.
- Parties file DQ.
- If claim has been provisionally allocated to fast, intermediate and multi, also file proposed directions. (for cases under costs management regime, file and serve costs budget and agreed budget discussion report).
- Court allocates to a track and serves notice of allocation.
What forms are used for DQ?
N180 for small claims
N181 for fast, intermediate, multi track.
What are the contents of the DQ?
Pre action protocol - parties confirm if they have complied.
Settlement - can request court stay proceedings so parties try to settle. If all parties request a stay, it will be saved for a month. If one but not all propose, court will stay the claim if it considers it appropriate.
Disclosure - provide extent of disclosure.
WIttnessses - name them and detail your aims with them.
Expert evidence - need courts permission to rely on expert evidence.
Trial - estimate time needed.
costs - file costs budget for some.
Directions - attempt to agree directions and attach them
What are the typical standard directions for small claims track?
- Parties file and serve on every other copies of documents they intend to rely upon no later than 14 days before main hearing.
- Original documents Brought to hearing.
- Notice of hearing date at least 21 days before will be given and time allowed for hearing.
- Court must be informed if by agreement between the parties the case settles.
What are the typical directions for fast track?
- Disclosure within 4 weeks of allocation.
- Exchange of witness statements within 10 weeks of allocation.
- Exchange of experts reports within 14 weeks of allocation.
- Filing pre-trial checklists at court within 22 weeks of allocation.
- Trial date/period fixed or trial within 30 weeks of allocation.
What are fast track complexity bands?
There are 4 - they help to determine level of fixed costs that can be recovered at conclusion of case.
What are key features of intermediate track?
Total length of permitted witness statements and summaries 30 pages. Expert reports 20 pages excluding photographs etc.
Claim must involve max three parties.
What are typical intermediate track directions?
Courts can set directions on allocation, may fix a case management conference and pre-trial review.
Parties should try to agree directions and submit them 7 days before CMC>
No standard timings for directions.
File and serve disclosure report not less than 14 days before CMC>
Will be assigned a complexity band.
How does case management work on the multi-track?
Court gives directions or convenes a CMC.
Who should attend the CMC
Legal representatives should be familiar with case and authority to deal with issues likely to arrive.
Wasted costs order if a rep doesn’t attend and the CMC is postponed as a consequence.
What are the requirements for a disclosure report?
14 days before CMC, verified by a statement of truth. Says what docs exist, where they are, how many are electronic, costs in giving standard disclosure.
Form N263. There is also an electronic documents questionnaire which needs to be filed with the diclosure report if used.
Costs regimes applies to all cases except:
- Small, fast, intermediate
-More than £10 million and commenced after April 2014.
-Person under 18 after 2016
-Subject of fixed costs or scale costs.
Court can also disapply costs management regime.
Stages of costs management procedure? (multi)
- Budgets 21 days before first CMC.
- Budget discussion reports 7 days before first CMC.
- CMC
- Directions and costs management orders.
What is the budget?
Estimate of reasonable and proportionate costs which a party intends to incur in the proceedings. What they hope to recover. Doesn’t include incurred costs. These are included on Precedent H, but cannot be altered by courts and the rule that a party will only recover budgeted costs unless there is good reason does not apply to costs incurred prior to the production of the costs budget.
