Case management directions Flashcards
(13 cards)
re: fast track
what will the court do on allocation?
Court shall give directions on allocation unless a CMC necessary.
re: fast track
what shall the directions include?
o Disclosure
o Service of w/s
o Whether to order/encourage ADR
o Fix a trial date or period
re: fast track
what is the standard trial timetable? From which point does this start?
Standard timetable from notice of allocation:
o Disclosure – 4 weeks
o Exchange of w/s – 10 weeks
o Exchange of experts’ reports – 14 weeks
o Court sends PTR – 20 weeks
o PTRs filed – 22 weeks (must be file no earlier than 8 weeks before trial)
o Hearing - 30 weeks
re: intermediate track
what shall the directions include? (including specific limitations)
Disclosure
Service of w/s
Total length of all w/s must not exceed 30 pages
Whether to order/encourage ADR
Expert evidence
Report shall not exceed 20 pages (not inc. CV, supporting materials, annexures)
Oral evidence limited to 1 W per party unless oral evidence of a 2nd expert is reasonably required + proportionate
Whether to fix a PTR
Fix a trial date or period (not exceeding 3 weeks)
Must not exceed 3 days
re: intermediate track
what will the court do on allocation?
court may give directions or fix a CMC on allocation
re: intermediate track
what is the standard length for the trial timetable?
Standard trial timetable is not more than 30 weeks
re: intermediate track
what are parties’ obligation in relation to the CMD?
Parties should endeavour to agree CMDs + file these (or their own proposals) at least 7 days before any CMC
If these are agreed/the court issues its own, the CMC will be vacated
re: multi-track
what will the court do on allocation?
On allocation, the court will either:
o Give directions + set trial timetable; or
o Fix a CMC, PTR or both + issue any directions it sees fit
re: multi-track
when is the trial date fixed?
as soon as practicable
re: multi-track
what are parties obligations in relation to the CMD?
Parties should agree directions using standard directions on MoJ website
If these are agreed/the court issues its own, the CMC will be vacated
re: all tracks
when will a directions hearing be held?
where necessary or desirable to do so
re: all tracks
which directions can parties amend?
parties can vary all directions, but require the court’s permission to vary:
o CMC
o PTR
o Filing of PTR checklist
o Trial or trial period
re: all tracks
what is required to gain the court’s approval for agreed CMDs?
To obtain the court’s approval, parties agreed CMDs must inc.:
o A timetable with reference to calendar dates
o Trial date/period
o Disclosure
o Factual and expert evidence
