Case Managment And Disclosure Of Documents Flashcards
(33 cards)
What is CPR ?
Civil procedure rules
What is the overriding objective of CPR ?
For courts to deal with cases justly and at a proportionate cost
What is the procedure for allocating case to a track ?
Court will serve a notice of proposed allocation to which the parties must file a completed directions questionnaire (N181).
What claims will be allocated to the small claims track ?
Claims for £10k or less (£5k for personal injury)
What claims will be allocated to the fast track ?
Claims between £10k and £25k
What claims will be allocated to multi-track ?
Claims for more then £25k
What is a CMC and when is it used ?
Case management conference - used in complex multi track cases to determine how case should proceed to trial.
What happened if a party fails to keep to directions timetable ?
Other party may apply for an order enforcing compliance or for sanctions
(Trial date is sacrosanct)
How are costs managed ?
Parties are required to provide a cost budget in the prescribed form.
What happens if there is a failure to file a costs budget on time ?
Party will not be able to recover any of its future legal costs apart from court fees from other party.
In what scenario might a court strike out a statement of case (brining claim to halt) ?
Statements of case discloses no reasonable grounds for bringing or defending claim
There has been a failure to comply with a rule practice direction or court order
How can a party obtain relief from court sanctions ?
Must promptly make application to overturn penalty + support to application with evidence addressing - - significance of failure
- why failure occurred
- evaluate circumstances for court to deal with it justly
What is disclosure ?
Serving a list of documents to other party - disclose it by stating it exists or has existed.
What is required of disclosure on small claims track ?
Each party shall at least 14 days before the date of hearing, file and serve copies of all documents they intend to rely on
What disclosure is required on fast track claims ?
Standard disclosure order is usual
What disclosure is required on multi-track claims ?
Standard disclosure is usually ordered
What is standard disclosure ?
Requires parties to disclose:
- documents on which they rely
- documents that adversely affect their own case, adversely affect other party’s case, and support each case
What does it mean that duty to disclose is limited to documents in the party’s control ?
- Documents that are or were in their physical possession
- Documents they have a right to posses
- Documents they have a right to inspect
What documents are parties required to make reasonable and proportionate search for under duty to search ?
- Documents that adversely affect their own case
- documents that adversely affect another party’s case
- documents that support another party’s case
What limitations are there on the parties duty to search ? (Any limitations need to be justified)
- Documents that came into existence before a certain date.
- Particular place they searched
- limiting to categories of documents
How is disclosure made ?
Once party has gathered documents together. They are disclosed by list on N265 form
What is included in part 1 documents on N265 disclosure form ?
Documents in party’s control which they don’t object to other party inspecting
What is included in part 2 documents in N265 disclosure form ?
Documents in party’s control but there is an objection to inspection
What is included in part 3 documents on N265 disclosure form?
Documents not privileged from inspection, but are no longer in party’s control
