DR: Case Management

Question 1

What are the main CPR rules that support the court’s case management powers?

Answer 1

CPR 3.1 to 3.5, 3A PD

Question 2

What is one of the court’s general case management powers under CPR 3.1(2)?

Answer 2

Extend/shorten the time for compliance with any rule, practice direction or court order.

Question 3

What does the court’s power to make orders of its own initiative (CPR 3.3) allow?

Answer 3

The court can provide new directions or terminate a case without either party taking a step.

Question 4

What is meant by the term ‘strike out’ in legal terms?

Answer 4

The deletion of written material from a statement of case so that it cannot be relied on in the proceedings.

Question 5

Under which CPR rule can the court strike out a statement of case?

Answer 5

CPR 3.4

Question 6

What is the primary difference between strike out and summary judgment?

Answer 6

Strike out focuses on the statement of case; summary judgment covers cases weak on the facts.

Question 7

What is the consequence of a defendant failing to respond to a claim?

Answer 7

Default judgment (CPR 12)

Question 8

Fill in the blank: A statement of case may be struck out if it discloses no reasonable ground for bringing or defending the claim, meaning it does not amount to a legally recognizable _______.

Answer 8

claim or defence

Question 9

What is an example of abuse of process as defined in the context of a court’s powers?

Answer 9

A vexatious litigant commencing a claim with no intention of taking the case further.

Question 10

What does ground (c) for strike out pertain to?

Answer 10

Failure to comply with a rule, practice direction or court order.

Question 11

True or False: The court will always strike out a statement of case for a technical breach of the rules.

Answer 11

False

Question 12

What happens if a party does not comply with an order that leads to the striking out of their statement of case?

Answer 12

The other party can generally obtain judgment with costs by filing a simple request at court.

Question 13

What is the court’s approach if a fair hearing is still possible despite a party’s non-compliance?

Answer 13

The court is unlikely to strike out the statement of case and may impose a lesser sanction.

Question 14

What is one of the court’s case management powers that enables it to actively manage cases?

Answer 14

Make orders of its own initiative.

Question 15

What can the court do if the whole statement of case is struck out?

Answer 15

The court might also give judgment for a party.

Question 16

What are sanctions in the context of civil procedure?

Answer 16

Measures which are bad for a party, aiming to ensure compliance with court rules and orders.

Question 17

List three types of sanctions that can be imposed.

Answer 17

• Interest reduction payable to the claimant
• Costs ordered on indemnity basis
• Striking out a statement of case

Question 18

What is an unless order?

Answer 18

An order that provides for an automatic sanction in the event of non-compliance, specifying a date and time for compliance.

Question 19

What does CPR 35.13 state regarding sanctions?

Answer 19

Failure to disclose an expert report prevents a party from using that report at trial.

Question 20

What is the general rule regarding time limits specified by CPR or court order?

Answer 20

The time may be varied by the written agreement of the parties unless otherwise specified.

Question 21

Under what conditions can parties agree to extend a deadline?

Answer 21

They can agree an extension of up to 28 days before the deadline, provided it does not risk any hearing date.

Question 22

What happens if a party fails to comply with a rule imposing a sanction?

Answer 22

The sanction takes effect unless the party applies for and obtains relief from that sanction.

Question 23

What are the key considerations for a court when granting relief from sanctions?

Answer 23

• Efficiency and proportionate cost of litigation
• Enforcement of compliance with rules, practice directions, and orders

Question 24

What is the leading case on the application of relief from sanctions?

Answer 24

Denton and others v TH White Ltd and others, Decadent Vapours Ltd v Bevan and others, and Utilise TDS Limited v Davies and others [2014] EWCA Civ 906.

Question 25

What are the three stages the court should apply when assessing relief from sanctions?

Answer 25

* Assess seriousness of the breach * Consider reasons for default * Evaluate circumstances of the case for just resolution

Question 26

True or False: The court must assess the general conduct of the parties when determining the seriousness of a breach.

Answer 26

False.

Question 27

What was the outcome of the Denton case regarding the late service of witness statements?

Answer 27

Relief from sanctions was reversed because the breach was serious and significant.

Question 28

In the Decadent Vapours case, why was relief from sanctions granted on appeal?

Answer 28

The breach was near the bottom of the range of seriousness and did not disrupt litigation.

Question 29

What does an in-time application refer to?

Answer 29

An application made before a deadline is reached, not requiring relief from sanctions.

Question 30

How is an application to set aside default judgment treated?

Answer 30

As an application for relief from sanctions when relying on discretionary grounds.

Question 31

What must a party do if it seeks relief from a sanction?

Answer 31

The application must be supported by evidence.

Question 32

What is the significance of CPR 3.8 and CPR 3.9?

Answer 32

CPR 3.8 states that sanctions take effect unless relief is granted; CPR 3.9 outlines the criteria for relief.

Question 33

What is 'allocation' in the context of civil procedure?

Answer 33

'Allocation' is about deciding which 'track' a claim should be allocated to.

Question 34

How many tracks can a case be allocated to?

Answer 34

Four separate tracks: * small claims track * fast track * intermediate track * multi-track

Question 35

What is the primary basis for deciding which track a claim should be allocated to?

Answer 35

The value of the claim.

Question 36

What is the maximum value for claims in the small claims track?

Answer 36

Not more than £10,000.

Question 37

What special rules apply to personal injury claims in the small claims track?

Answer 37

The small claims track is normal for personal injury claims not exceeding £10,000; specific limits apply for road traffic claims and other personal injury claims.

Question 38

What are the criteria for a claim to be allocated to the fast track?

Answer 38

Claims up to £25,000 with: * trial lasting no longer than one day * only one oral expert evidence per party in no more than two expert fields.

Question 39

What defines the intermediate track?

Answer 39

Normal track for claims up to £100,000, with trials likely lasting no longer than 3 days and limited to two experts per party.

Question 40

What does the multi-track encompass?

Answer 40

The multi-track is the normal track for all other types of cases.

Question 41

What is the process after a defence is filed regarding allocation?

Answer 41

Court sends a notice of proposed allocation, provisionally allocating the claim to a track.

Question 42

What is required from the parties after receiving a notice of proposed allocation?

Answer 42

File and serve a directions questionnaire.

Question 43

What is a directions questionnaire (DQ)?

Answer 43

A document containing questions to help the court determine the most appropriate track for the case.

Question 44

What happens if parties request a stay during the proceedings?

Answer 44

The claim will be stayed for a month if all parties request a stay.

Question 45

What is the role of disclosure in the DQ?

Answer 45

Parties must provide case management information regarding document exchange.

Question 46

What must parties estimate regarding the trial in the DQ?

Answer 46

The time needed for the trial.

Question 47

True or False: The court can decide not to allocate a claim to the normal track.

Answer 47

True.

Question 48

List some factors the court considers when allocating a claim.

Answer 48

* Financial value of the claim * Nature of the remedy sought * Likely complexity of the case * Number of parties * Importance of the claim to non-parties

Question 49

What is the first step in determining the correct track for a claim?

Answer 49

Identify the normal track for the claim.

Question 50

What happens at the conclusion of the allocation stage?

Answer 50

The claim will be allocated to a track, and directions will likely be given.

Question 51

Fill in the blank: The court may order a party to provide _______ if it needs more information for allocation.

Answer 51

further information.

Question 52

What is the purpose of the costs budget in multi-track cases?

Answer 52

To comply with the costs management regime.

Question 53

What document must parties attach if the case has been provisionally allocated to the fast, intermediate, or multi-track?

Answer 53

Proposed directions.

Question 54

What are the main CPR rules related to the small claims track?

Answer 54

CPR 27 and 27A PD

Question 55

What are the main CPR rules related to the fast track and intermediate track?

Answer 55

CPR 28 and 28 PD

Question 56

What is the typical monetary limit for personal injury cases on the small claims track?

Answer 56

Less than £1,500

Question 57

What are the key features of the small claims track?

Answer 57

* Very limited costs recovery * Fewer 'formalities' * Abbreviated directions

Question 58

True or False: The court will usually order one party to pay substantial costs to the other in small claims track cases.

Answer 58

False

Question 59

What is the purpose of abbreviated directions in the small claims track?

Answer 59

To simplify the process for parties representing themselves

Question 60

What is the standard notice period for a hearing date in the small claims track?

Answer 60

At least 21 days' notice

Question 61

What is the maximum duration of a trial in the fast track?

Answer 61

No longer than one day

Question 62

What are the complexity bands defined for the fast track?

Answer 62

* Complexity band 1: Non-personal injury claims and defended debt claims * Complexity band 2: Personal injury claims under RTA Protocol * Complexity band 3: Employer's liability claims and other money claims * Complexity band 4: Complex claims that would normally be allocated to the fast track

Question 63

What is the normal track for claims between £100,000 and suitable for neither small claims nor fast track?

Answer 63

Intermediate track

Question 64

What is the maximum duration of trials in the intermediate track?

Answer 64

No longer than 3 days

Question 65

Fill in the blank: The total length of permitted witness statements in the intermediate track is limited to _______.

Answer 65

30 pages

Question 66

What determines the fixed costs that can be recovered at the conclusion of a case in the intermediate track?

Answer 66

The complexity band assigned to the case

Question 67

What is the maximum number of experts allowed per party in the intermediate track?

Answer 67

Two experts

Question 68

What must parties state in the directions questionnaire for the intermediate track?

Answer 68

The agreed complexity band or the disputed complexity band by each party

Question 69

True or False: The court may not fix a case management conference for the intermediate track.

Answer 69

False

Question 70

What features characterize the small claims track?

Answer 70

* Fewer formalities * Very limited ability to recover costs * Simplified directions

Question 71

What features characterize the fast track and intermediate track?

Answer 71

* Directions bringing a claim to trial within 30 weeks of allocation * Complexity band assignment determining fixed costs

Question 72

What is the purpose of a Case Management Conference (CMC)?

Answer 72

To ensure that the real issues between the parties are identified and understood, and to see if they can be narrowed before trial. ## Footnote A CMC is more than just a directions hearing; it tests the parties on various matters such as suitability for settlement and estimated litigation costs.

Question 73

What are the two likely next steps if a case is allocated to the multi-track?

Answer 73

* The court giving directions * Convening a case management conference (CMC) ## Footnote This is based on CPR 29.2.

Question 74

What must a legal representative attending a CMC be familiar with?

Answer 74

The case. ## Footnote They must also have sufficient authority to deal with any issues likely to arise.

Question 75

What happens if a legal representative does not attend the CMC?

Answer 75

The CMC may be postponed, resulting in a wasted costs order against the solicitor. ## Footnote The court can also order the client to attend.

Question 76

What is the express obligation of parties in multi-track cases regarding directions?

Answer 76

To try to agree directions before any CMC. ## Footnote This is to satisfy the overriding objective by saving time and money.

Question 77

What is required to be filed and served at least 14 days before the first CMC?

Answer 77

A disclosure report. ## Footnote This does not apply if the claim includes a claim for personal injury.

Question 78

What should a disclosure report briefly describe?

Answer 78

* What documents exist that are relevant * Where those documents are located * How electronic documents are stored * Estimated costs of disclosure * Which disclosure directions are to be sought ## Footnote This is part of the approach to disclosure introduced by the Jackson reforms.

Question 79

What is the maximum word count for a case summary prepared for the CMC?

Answer 79

500 words. ## Footnote The case summary assists the court in understanding the issues raised.

Question 80

What should parties consider regarding case summaries at the CMC?

Answer 80

Whether a case summary will be useful. ## Footnote The case summary should ideally be agreed with the other parties.

Question 81

What happens if the parties cannot agree on directions before the CMC?

Answer 81

The CMC will be used for the court to give directions. ## Footnote The court will likely hear submissions from the representatives before deciding.

Question 82

What is the significance of the Ministry of Justice's published standard directions orders?

Answer 82

They provide a starting point for drafting case management directions in multi-track cases. ## Footnote Parties must adapt these directions to the specific circumstances of their case.

Question 83

Fill in the blank: Parties must submit agreed or proposed directions at least ______ before the CMC.

Answer 83

7 days ## Footnote This requirement helps ensure timely management of the case.

Question 84

True or False: CMCs can only happen at the beginning of the proceedings.

Answer 84

False ## Footnote CMCs can occur at any stage in the proceedings.

Question 85

What is the purpose of the Electronic Documents Questionnaire (EDQ)?

Answer 85

To provide information about electronic documents for disclosure purposes. ## Footnote The EDQ needs to be filed with the Disclosure Report even if already exchanged.

Question 86

What factors does the court consider when assessing a claim at a CMC?

Answer 86

* Clarity of the claim * Need for amendments to statements of case * Required disclosure * Required expert evidence * Required factual evidence * Further information needed * Potential for split trials ## Footnote This assessment helps streamline the litigation process.