Case Management and Costs Flashcards
(40 cards)
When was the fixed costs regime introduced and when does it apply?
From 1 October 2023, fixed costs now apply to all small claims, fast and intermediate track cases.
If costs do not fall under the fixed costs regime, how are costs agreed?
Either by summary assessment of costs or by detailed assessment of costs.
When should the Court use the summary assessment procedure?
Unless there is good reason not to do so the Court should use the summary assessment procedure:
-at the end of a fast track trial
-at the end of a hearing of an interim application which has not lasted more than a day
Outline the procedure for costs subject to detailed assessment.
- Receiving party serves a notice of commencement and a copy of its bill of costs on the paying party
- Points of dispute are then served on the receiving party within 21 days of service of the notice of commencement
- If the parties cannot reach agreement, the receiving party should file a request for a detailed assessment hearing
What does costs in any event mean?
The party in whose favour this order is made is awarded its costs of the interim hearing from the other party regardless of who eventually wins at trial.
What does costs in the case mean?
The party who eventually gets its costs at trial will recover its costs of the interim hearing from the other party.
What does costs reserved mean?
The decision on costs is put off to a later occasion. If no decision is made, the costs will be costs in the case.
What does C or D costs in the case mean?
If the C is successful and receives an order that it should be entitled to costs at the trial, it can include the costs of the interim application. If the D is awarded costs at trial, the C does not have to pay the D’s costs of the interim application.
In the case of D’s costs in the case, the same principles apply but in reverse.
What does costs thrown away mean?
If a judgment or order is set aside, the party in whose favour this order is made is entitled to the costs incurred as a result of the judgment or order being set aside.
What does costs of and caused by mean?
A party must pay the costs resulting from something that party has done e.g. costs incurred by the D resulting from a C amending its particulars of claim.
What does costs here and below mean?
The party in whose favour the order is made is entitled not only to their costs in respect of the proceedings in which the Court makes the order but also to that party’s costs of the proceedings in any lower Court.
What does no order as to costs mean?
Each party will bear its own costs of the hearing.
If the Court makes an order of its own initiative, what time limit does a party have to make an application to set aside, stay or vary the order?
Any application to set aside, stay or vary the order must be made within seven days of the date on which the order was served on the party making the application.
What are the three possible grounds for strike out?
- No reasonable ground for bringing/defending the claim
- Abuse of process/likely to obstruct the just disposal of proceedings
- Failure to comply with a rule, PD or Court order
What is an unless order?
A Court order which provides for an automatic sanction in the event of non-compliance with the order.
What is the three stage approach by the Court to an application for relief from sanctions as set out in Denton (2014)?
- Identify the seriousness/significance of the breach. If the breach is neither, then relief should be granted (hearing date affected unlikely to be granted).
- If the breach is serious/significant, consider why the default occurred.
- Having considered the reason for default, the Court should evaluate all the circumstances of the case.
What is allocation?
Allocation is about deciding which track a claim should be allocated to: the small claims track, the fast track, the intermediate track or the multi-track.
Outline the scope of the small claims track.
-Maximum value of £10,000 for most claims
-Minimal amount of fixed costs
-The small claims track limit for personal injury claims is £1,500
-The limit for road traffic accident claims is £5,000
Outline the scope of the fast track.
-Normal track for claims between £10,000-£25,000
-Trial likely to last no longer than one day
-Oral expert evidence from one expert per party in each of no more than two expert fields
-Fixed costs regime applies
Outline the scope of the intermediate track.
-Normal track for claims between £25,000-£100,000
-Trial likely to last no longer than 3 days if managed proportionately
-Oral expert evidence likely to be limited to two experts per party
-Maximum of 3 parties usually
-Fixed costs regime applies
Outline the scope of the multi-track.
-Normal track for all other types of case, usually above £100,000 with multiple experts or parties or complex issues
-Fixed costs regime does not apply
What does the notice of proposed allocation require the parties to do?
-File and serve a DQ
-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
What is the directions questionnaire (DQ)?
The DQ is a Court document that contains a number of questions to help the Court decide which track is most appropriate for the case.
What is the principal criterion for allocation and outline the broader list of factors that are also taken into account?
Most important factor is how much the claim is worth. Other important factors include:
(a) The financial value of the claim;
(b) Nature of the remedy sought
(c) Likely complexity of the facts, law or evidence
(d) Number of parties/likely parties
(e) The value of any counterclaim or other Part 20 claim
(f) Amount of oral evidence
(g) Important of the claim to any non-parties
(h) Views expressed by the parties and their circumstances
