DR V Statements of Case and Case Management Flashcards
Overriding objective of CPR
to decide what justifies the court time and to enable them to give directions to ensure that the trial can proceed promptly, fairly and proportionately.
What if D omits or fails to respond to particular paragraph of the Particulars of Claim?
that paragraph will be deemed to be admitted and C no longer needs to prove it.
However, D can still netiher admit nor deny a paragraph if the fact alleged are outside D’s knowledge. C must prove that his version is the truth in the case of non-admission.
Meaning of Defendant’s Positive Case
to deny the truth of a paragraph, D must provide with an alternative version of events, which is often referred to as the D’s positive case.
Meaning of admission of damages subject to liability
D may admit damages but deny liability. so C will only recovered the amount only if the court finds the claim proven.
Meaning of a defence of set-off
C may owe D money already before filing the claim. D can then file a defence of set-off to reduce the amount they have to pay to C by the amount that C owes.
Definition of reply
A reply is a statement of case that a party may send in response to a defence.
failure to reply does not imply adverse implications to the claimant.
Define Part 20 claim
Part 20 claims include claims against third parties who may be liable to C or D under the facts relating the C’s claim. it also include counterclaims made by D.
Features of a counterclaim
a counterclaim must be brought within the same set of proceedings, arising out of the same facts as the C’s claim.
it must be a monetary claim in its own right and is not a defence.
it can be made without the court permission if it is filed with the defence.
Features of a claim against a ‘blameworthy’ third party (part 20 claim) and seemingly neutral third party
the additional claim can be made without permission if issued before. If a third party wishes to blame someone else, that party will be referred to as fourth party and so on.
it may be use against a third party directly contributes to C damages (permission not required unless court directs it otherwise) or against one that causing injuries to D arising from the same set of facts (permission must be obtained)
Features of a claim seeking contribution or indemnity (part 20 claim)
Under part 20, a party (D) may serve a notice on another party that that party must pay the serving party some or all of any payment to make to C.
Court permission is not required if filed with the defence. other times permission is required.
If the claim for contribution is toward a party not included in the action only until later, no court permission is required if the party is within 28 days of the third party filing thier defence. Claim form in this situation is not required.
Rules on responding to a counterclaim:
time lime of response and the consequence resulting from a failure of response
consequences of a third party not having acknowledged or defend an additional claim.
defence to a counterclaim must be responded in 14 days of the date of service, or D can obtain judgement in default.
if a third party fails to acknowledge or defend an additional claim, they will be deemed to admit the main action and will be bound by the outcome
How to object to a request for further information
3 un
the request is unnecessary, irrelevant (unrelated), or improper (unsuitable)
The responding party is unable to provide information or clarification
The party requesting the information gave insufficient time to reply
The expense would be disproportionate to the claim/contrary to overriding objective to CRP
protected by legal privileges.
When does track allocation and case management begin
After D files a defence, a court undertakes the allocation of the case to the appropriate court track.
The court will send the parties a notice of proposed track allocation together with a Directions Questionnaire which the parties must complete and return within 28 days.
Recoverable costs and expert fees restriction in small claims
time limit to set aside a small claims decision
only to fixed costs and reasonable expenses in attending
expert fee restricted to £750
within 14 days of service of the order
Criteria to be allocated to Fast track and features of fast track
(4)
time disclosure witness expert costs
Claim value £10,000 - £25,000.
tight control of claims with strict time limits. The trial must take place within 30 weeks of designation. Restriction of expert evidence and preference for single joint experts with written evidence.
Witness evidence will stand as evidence in chief
Standard requirement for trial timetable bundle and case summaries.
The level of costs recoverable in FT is restricted.
