Case management- Case management directions-FS Flashcards
(10 cards)
What is the purpose of case management directions in fast track litigation?
To provide a structured timeline for procedural steps—such as disclosure, witness statements, and expert evidence—ensuring the case progresses efficiently towards trial within a set timeframe.
When are Fast Track case management directions issued?
On the date of allocation to the fast track, the court issues standard directions and sets a trial date, typically 30 weeks from allocation.
What are the standard timeframes for key procedural steps under fast track directions?
- Disclosure: 4 weeks after allocation
- Witness statement exchange: 10 weeks after allocation
- Expert evidence exchange (if permitted): 14 weeks after allocation
- Pre-trial checklist filed: 22 weeks after allocation
- Trial: Usually scheduled 30 weeks after allocatioN
What must a party do before a deadline under standard directions if they cannot comply?
Make a formal application to the court for an extension before the deadline expires, or risk sanctions, including the potential strike out of their case.
What is required in the disclosure phase under fast track directions?
Each party must serve a list of documents with a disclosure statement and allow inspection or provide copies upon request within the time limits set by the directions.
How is expert evidence managed under fast track standard directions?
Typically, only one jointly instructed expert is allowed per issue unless otherwise agreed, reflecting the principle of proportionality from the Overriding Objective.
What must the parties do regarding the trial bundle and case summary?
- The claimant lodges a trial bundle (paginated ring binder) 3–7 days before trial.
- A case summary (max 250 words) referencing key documents must be included.
- Parties must seek to agree both the contents of the bundle and the summary.
Why is it important to provide a clear and accurate case summary in the trial bundle?
It assists the judge in pre-reading the case, ensuring they understand the key issues. A poorly drafted or mismatched summary can hinder preparation and irritate the judge.
What must the parties do if they reach a settlement before trial under fast track directions?
: Immediately inform the court and, if applicable, provide a draft consent order setting out the agreed terms for the court to approve.
What overarching principle governs the interpretation and enforcement of fast track case management directions?
The Overriding Objective of the Civil Procedure Rules, which requires the court and parties to handle cases justly, efficiently, and at proportionate cost.
