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Dispute Resolution > Case management and costs > Flashcards

Case management and costs Flashcards

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1
Q

general limit on recovery

A

only a reasonable and proportionate sum can be recovered

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2
Q

The indemnity principle provides that a party will not be able to recover

A

a sum in excess of their liability to their own solicitor

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3
Q

inter-party costs

A

the actual figure for costs awarded by the court which one party has to pay the other party

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4
Q

The general rule governing whether costs are payable by one party to another is that

A

‘costs follow the event’

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5
Q

two bases of costs assessment

A

standard basis and indemnity basis

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6
Q

under standard basis, it is not uncommon for only

A

60% of costs to be recovered from the paying party

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7
Q

under indemnity basis, it is not uncommon that

A

the receiving party will receive 70 – 80% of its legal costs from the paying party

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8
Q

Where costs are awarded on the standard basis, they need to be

A

proportionate

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9
Q

Qualified one way costs shifting (QOCS)

A

the regime for the recovery of costs between parties in proceedings involving claims for damages in respect of death and personal injury

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10
Q

QOCS restricts the defendant’s

A

ability to enforce a costs order against the claimant

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11
Q

general rule on costs recovery

A

loser pays the winners costs

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12
Q

which costs assessment leads to greater recovery?

A

indemnity basis

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13
Q

fixed costs apply to

A

all small claims, fast and intermediate track cases

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14
Q

summary assessment involves

A

the court determining the amount payable by way of costs immediately at the end of a hearing

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15
Q

To enable the court to carry out a summary assessment, the parties must prepare

A

statements of costs (usually form N260) and file and serve them on each party not less than 24 hours before the time fixed for the hearing

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16
Q

Summary assessment is used in

A

fast track proceedings and in other cases where a hearing has lasted no more than a day

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17
Q

Costs in any event

A

the party in whose favour this order is made is awarded his costs of the interim hearing

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18
Q

Costs in the case

A

the party who eventually gets its costs at trial (usually the winner) will recover its costs of the interim hearing from the other party

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19
Q

Costs reserved

A

the decision about who pays the costs of the interim hearing is postponed to a later occasion

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20
Q

Strike out

A

the deletion of written material from a statement of case so that it cannot be relied on in the proceedings by any party

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21
Q

Strike out is designed to target cases that are

A

inadequately drafted or are otherwise an abuse of the court process

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22
Q

Sanctions aim to ensure

A

compliance with court rules and court orders

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23
Q

the court can impose sanctions by making a

A

court order

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24
Q

The general rule is that the time specified by a CPR or court order for a party to do any act may be varied by

A

the written agreement of the parties, unless a rule or PD provides otherwise or the court orders otherwise

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25
the parties can agree an extension of time by prior written agreement for a maximum of
28 days provided that this does not put at risk any hearing date
26
An application for relief from sanctions must be supported by
evidence
27
Denton v TH White set out the
3-stage test for sanctions relief
28
Stage 1 of Denton test for relief from sanctions
Identify and assess the seriousness and significance of the failure to comply with the relevant rule, PD or court order which engages CPR 3.9(1). If the breach is neither serious nor significant, then relief should be granted.
29
When considering relief from sanctions, the courts will consider whether the breach is
serious and/or significant
30
at the first stage, an assessment of the seriousness or significance of a breach should not involve
an assessment of the general conduct of the parties
31
Stage 2 of Denton test for sanctions relief
If the breach is serious or significant, consider why the default occurred
32
Stage 3 of Denton test for sanctions relief
the court should then evaluate all the circumstances of the case to ensure that the court deals with the matter justly, giving particular weight to requirements that: - litigation must be conducted efficiently and at proportionate cost and - the court must enforce compliance with rules, PDs and orders
33
Why was the breach found to be sufficiently serious and significant in Denton?
it caused the trial date to be vacated and there was no good reason for the breach
34
Why was the appeal allowed in Decadent Vapours?
the breach did not cause problems to the efficient conduct of the litigation at proportionate cost
35
Why was the appeal allowed in Utilise Ltd?
the delay in filing the budget was neither serious nor significant and did not imperil the future hearing date or the conduct of the litigation
36
In-time application
where a deadline is looming and a party realises that it is not going to be able to comply with that deadline
37
The test the court will apply for granting relief from sanctions alongside CPR 3.9 was created by
Lord Dyson in Denton
38
max value for small claims track
£10,000 (Except PI)
39
Normal track for claims up to £25,000
fast track
40
Small track is appropriate for any other personal injury claim (not road traffic claims) if the damages for the personal injuries are valued at not more than
£1,500
41
If allocated to intermediate or multi-track, what 2 things might the court do?
give directions or fix a case management conference
42
For claims under the costs management regime, both parties must
file and serve a costs budget and an agreed budget discussion report
43
Completing the directions questionnaire enables the court to
determine which track the case will be allocated to
44
directions questionnaire for small track cases
Form N180
45
directions questionnaire for fast track, intermediate track and multi-track cases
Form N181
46
The DQ contains
qs to help the court decide which track is most appropriate for the case
47
The parties must confirm in the DQ whether they have complied with
the pre-action protocols
48
If there is no specific pre-action protocol, then parties are expected to comply with...
the PD on Pre-Action Conduct
49
A stay in the proceedings
proceedings are paused, and the parties are prevented from taking any steps in the proceedings, apart from steps allowed by the CPR or the terms of the stay
50
If all parties request a stay, the claim will be stayed for
a month
51
In any other circumstances, including if one party (but not all parties) requests a stay, the court can stay the claim if it considers it
appropriate
52
Disclosure
stage in the proceedings where the parties exchange documents
53
advisable to speak to witnesses before
you list them in the DQ
54
If your client wishes to rely on expert evidence, it will need
the court's permission
55
Proposed directions must be filed with
the DQ, whether the parties have managed to reach agreement or not
56
Most important criterion for allocation
how much the claim is worth
57
Overall approach to allocation process
- Identify the normal track - Decide whether there is a good reason to allocate the claim to a track other than the normal track
58
personal injury cases where damages for PSLA are less than £1,500 are allocated to
small track
59
costs recovery in small track is
very ltd.
60
Usual notice of the hearing date in small claims track
at least 21 days' notice
61
in the intermediate track, oral expert evidence is likely to be limited to
2 experts per party
62
In intermediate track, the total length of permitted witness statements and summaries is limited to
30 pages and experts reports to 20 pages
63
The trial of an intermediate track case should take place within
30 weeks of allocation
64
In fast track and intermediate track, the claim is assigned to a complexity band that will determine
the level of fixed costs that can be recovered
65
wasted costs order
a costs order payable by the solicitor rather than the client
66
In multi-track cases, agreed directions (or proposed directions) should be submitted to court
at least 7 days before any CMC
67
When may the courts “vacate” the CMC in multi-track cases?
If the parties agree all the directions and the court is satisfied
68
requirement for a disclosure report in multi-track cases
Both parties must produce a disclosure report for the CMC, unless the claim includes a claim for personal injury
69
a disclosure report must be verified by
a statement of truth
70
Disclosure Report for multi-track
Form N263
71
For the DQ, where there are electronic documents to be disclosed, parties should consider also using
the Electronic Documents Questionnaire (EDQ) in Form N264
72
Case summary
a short document of not more than 500 words, prepared by the claimant and (if possible) agreed with the other parties, designed to assist the court in understanding and dealing with the issues raised
73
A case summary should contain
- A chronology of the claim; - Factual issues agreed and in dispute; and - The nature of the evidence needed to decide them
74
CMCs can happen when?
at any stage in the proceedings
75
the costs management regime applies to multi-track cases that are
less than £10M and made by people over 18, which are not subject to fixed or scale costs
76
When to file budgets (CPR 3.13(1)(b))?
a) If the stated value of the claim is less than £50,000: With the parties' directions questionnaires b) Any other case: 21 days before the first CMC
77
budget
An estimate of the reasonable and proportionate costs (including disbursements) which a party intends to incur in the proceedings
78
Statement of truth with the budget must read:
This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation
79
budgets must be
reasonable and proportionate
80
prescribed form for the costs budget
Precedent H
81
the parties must only use the first page of Precedent H
where either: a) the monetary value of the claim is less than £50,000 or b) if the party's budgeted costs do not exceed £25,000
82
The parties must file and exchange budget discussion reports (Precedent R)
no later than seven days before the first CMC
83
budget discussion reports
Precedent R
84
By the budget discussion report, the parties indicate:
a) The figures which are agreed and not agreed for each phase of the litigation; b) A brief summary of the grounds of dispute
85
When the court is making any case management decision, it is to have regard to
any available costs budgets and the costs involved in each procedural step of the litigation
86
CMO
costs management order
87
Any party that fails to file a costs budget, when required to do so, will be automatically treated as
having filed a costs budget comprising of only the applicable court fees unless the court otherwise orders
88
In most multi-track cases, budgets need to be filed and exchanged not later than
21 days before the first CMC
89
When counting a period of time which ends on a hearing, which days are excluded?
the day of the hearing and the day you start counting from
90
Where a summary judgment hearing is fixed, what notice must the respondent be given?
at least 14 days’ notice

Dispute Resolution (7 decks)

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