Case management- Case management directions-FS Flashcards
(18 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,
expert evidence
This is to ensure 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.
The claimant’s solicitor is explaining to his client to which track the claim for breach of contract will be allocated by the court. The claim was issued before 1 October 2023. The value of the claim is £36,000, which includes a claim for interest of £6,000. In the defence, the defendant has admitted that he owes the claimant £25,000 but the rest of the claim, including the claim for interest, is denied.
To which track will the claim be allocated?
The small claims track, because the value of the claim for the purposes of allocation is £5,000. This is calculated by subtracting the amount admitted (£25,000) and the interest (£6,000) from the total claim (£36,000), resulting in £5,000. This figure is half the small claims track threshold of not more than £10,000 (see CPR 26.8(2)).
THIS IS FROM OUP
In a personal injury claim allocated to the multi-track, the claimant fails to serve an updated schedule of loss by the deadline. The court, on its own initiative, orders that trial evidence is restricted to the original schedule. Is this permissible?
Yes. Under CPR 32.1 and 32.2, the court has the power to control evidence, including limiting it to specific issues or forms and excluding otherwise admissible evidence.
THIS IS FROM OUP
In a multi-track case, the claimant’s solicitor cannot attend the fixed date for the CMC and agrees a new date with the defendant’s solicitor. Can the CMC date be varied by agreement?
NO. The claimant’s solicitor must apply to the court to vary the CMC date. Parties cannot vary a court-fixed date by agreement alone (see CPR 29.7).
THIS IS FROM OUP
At a CMC in a substantial breach of contract claim, the judge is not satisfied with the parties’ failure to request a stay for ADR. What can the court do?
The court may order a one-month stay to allow the parties to attempt settlement through ADR. It can compel ADR to further the overriding objective (see CPR 1.4 and 26.4).
THIS IS FROM OUP
A court strikes out a party’s statement of case on its own initiative without inviting representations. No time period is given for applying to set it aside. Is the order effective?
Yes. Under CPR 3.4, the court may strike out a case on its own initiative. If no period is specified, an application to set it aside must be made within 7 days of service.
THIS IS FROM OUP
A court makes an unless order on its own initiative requiring the defendant to file and serve a list of documents by 4 pm on 21 May. What should the solicitor explain to the client?
Failure to comply by 4 pm on 21 May will result in the defence being struck out. This is the effect of an unless order (CPR 3.1(3)(b)).
A personal injury claim includes damages for pain and suffering estimated between £1,500 and £2,000, with the total claim valued at £15,000. To which track will the claim likely be provisionally allocated?
The fast track. Although the personal injury element is below £2,000, the total claim exceeds £10,000 (see CPR 26.8 and PD 26).
A company fails to file and serve its list of documents by the 1 October deadline set by the court. It is now 15 October. What action is the court most likely to take?
The court will likely issue an unless order stating that if the list is not filed by 4 pm on 29 October, the defence will be struck out (CPR 3.1(3)(b)
