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Civil Litigation > SGS 4: Allocation, Case & Costs Management > Flashcards

SGS 4: Allocation, Case & Costs Management Flashcards

1
Q

Which CPR deals with allocation?

A
  • CPR 26
  • Small: < £10,000 - CPR 27
  • Fast: 10k-25k - CPR 28
  • Multi: >25k - CPR 29
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2
Q

What are the 5 stages of process of allocation?

A
  1. Court sends parties notice of proposed allocation - CPR 26.3(1)
  2. Negotiation of directions
  3. Expert evidence - CPR 35
  4. Transfer of court - CPR 26.2
  5. Allocation

C NET A

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3
Q

What are the 5 stages of process of allocation: explain the STEP 1: court sending the parties a notice of proposed allocation?

A
  • CPR 26.3(1)
  • Notice should contain: date / proposed directions / Precedent H
  • Purpose is to help the court allocate the claim correctly
  • Once they get response - can definitively allocate to track. Enables the court to obtain relevant information and prepare parties for evidence and then trial
  • Not responding - court can make order under CPR 26.3(8), may involve cost sanctions - CPR 26.3(10)
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4
Q

What are the 5 stages of process of allocation: explain the STEP 2: Negotiation of Directions

A
  • If the parties want to add anything beyond standard directors
  • Dates: disclosure is 4/5 weeks after the order for directions
  • Directions to consider should be ADR > Disclosure > Inspection > Witness Statement > Expert Witnesses > Preparing for trial

ADIWEPt

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5
Q

What are the 5 stages of process of allocation: explain the STEP 3: Expert Evidence

A
  • CPR 35 / Protocol for the Instruction of Experts
  • The role of the expert is to help the court decide matters outside its expertise – must be stated on the DQ
  • Must be in written form CPR 35.5(1) – Letter of Instruction (not privileged)
    • CPR 35.10(5) & 13.15 Protocol
  • Only expert evidence which is ‘reasonably required’ shall be permitted CPR 35.1
  • No party may call an expert without the court’s permission CPR 35.4(1)
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6
Q

What are the 5 stages of process of allocation: explain the STEP 4: Transfer of Court?

A
  • Court will automatically transfer claims for a specified amount of money to D’s home court after filing of the defence CPR 26.2, but the original court will still be the one to send out the DQ.
    •
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7
Q

What are the 5 stages of process of allocation: explain the STEP 5: allocation?

A
  • Once the courts have reviewed all documents from notice
  • Will allocate it to a track. But it might need more information: and can -
    i. Order a party to provide further info about the case CPR 26.5(3)
    ii. Hold an allocation hearing CPR 26.5(4)
    iii. Order a case management conference
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8
Q

For step 5 of the allocation process, ‘allocation’, what is the main criterion? Where are the other criteria found?

A
  • Value of the case
  • Other factors are in CPR 26.8(1)
  • Small claims
  • Fast track - CPR 26.6(4) & (5). Usually held in the CC. standard directions are in Appendix to PD 28.
  • The court will set the timetable
  • Multi track - all other types of case are in CPR 26.6(6)
  • Trial expected to last longer than one day. Each party expects to adduce oral expert evidence in > 2 fields of expertise.
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9
Q

Which CPR explains case management?

A
  • CPR 3.1 and CPR 1.4(2)
  • Duty under CPR 1.4 to further the overriding objective by actively managing cases
  • General sweep up provision in CPR 3.1(2)(m) = court has wide power to take any other step that furthers overriding objective.
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10
Q

Under case management - what is the purpose of the strikeout of statement of case?

A
  • CPR 3.4
  • To target inadequately pleaded case
  • The court either acts on own initiative / on application of party.
  • This is only used where there is no point in having a trial
  • Grounds for this are in CPR 3.4(2)
  • No reasonable grounds for bringing or defending the claim, or
  • Abuse of court’s process or otherwise likely to obstruct the just disposal of proceedings
  • Failure to comply with a rule, PD or court order
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11
Q

Under case management, where is the power to impose sanctions found?

A
  • CPR 3.1 lists main sanctions
  • Court also has power to make costs orders + prevent a party from adducing evidence and limit the interest payable.
  • There are also automatic sanctions for default in whole CPR
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12
Q

What are the main case management stages?

A
  1. Preparation
  2. Case management conference
  3. Doc Questionnaire Form N181
  4. Deadlines
  5. Cost management - CPR 3
  6. Experts
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13
Q

What happens in Case Management Step 1/6: Preparation?

A
  1. Have to file + exchange cost budget on the Precedent H form
    • If not on time - CPR 3.14 applies and C treated as having filed a budget comprising only the applicable court fees
    • CPR 26.3(1) if no date stated, then is 7 days before first CMC - CPR 3.13
  2. Disclosure report
  3. Directions
  4. Directions seek to AGREE
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14
Q

in Case Management Step 1/6: Preparation?When does the disclosure report have to be filed?

A
  • Produced and filed at least 14 days before the first CMC. Verified by SoT
  • Information to be included - CPR 31.5 (3)
  • Parties to consider issues in case and seek directions in relation to order for disclosure - CPR 31.5(5)
  • Not less than 7 days before the CMC
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15
Q

in Case Management Step 1/6: Preparation? What happens during Directions?

A

Š 29 PD 4.2 – Court tailors directions to needs of the case & steps already taken by parties
Š CPR 29.4 – Parties under a duty to agree directions appropriate to case before CMC. Directions to be filed at court at least 7 days before CMC.
Š 29 PD 4.7 – Directions should specify date & time by which steps should be completed
Š 29 PD 4.7 & 4.8 – Details to be included.

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16
Q

in Case Management Step 1/6: Preparation? What happens during Directions Seeking to Agree?

A

Š Standard Disclosure between parties CPR 31
Š Inspection Date CPR 31
Š Exchange of WSs
Š Permission to adduce expert evidence
Š Trial Date/window – relevant directions e.g. filing pre-trial checklist

17
Q

What happens in Case Management Step 2/6: Case Management Conference? What is the purpose of it?

A

· Suitability of case for settlement, position parties have got to (steps already taken), extent of compliance thus far, estimation of costs.
· Restricted to more complicated cases for the court to decide the future conduct
· Held before Master in HC/District Judge in CC.

18
Q

What will the courts do during the Case Management Conference?

A
  • In 29 PD 5.1 and 5.3
  • Review steps parties have taken
  • Consider how parties have complied
  • Further directions to secure progress of the claim - overriding objective
  • Ensure parties make reasonable agreement about matters in issue and future conduct of the case.
  • CPR 29.3(2) states that the solicitor must be familiar with the case and have authority to deal with any issues arising.
19
Q

What happens in Case Management Step 3/6: Doc Questionnaire Form N181

A 
· Estimated length of trial
· Type of disclosure parties have agreed
· No &amp; type of experts required
· Statement as to whether parties have complied with PA protocols
· Court information
· Info on whether steps have been taken to settle 
· Costs – if multi-track – Precedent H
· Draft of Directions
20
Q

What happens in Case Management Step 4/6: Deadlines?

A
  • If you know you cant meet it in TIME - CPR 3.8(4) says you can agree extensions of up to 28 days. Hallam Estates - where reasonable applications for extension of time are made before deadline, should be allowed provided it does not disrupt hearing date / conduct
  • If LATE - CPR 3.8(1) says you can have a sanction
  • CPR 3.9 - can apply for relief from sanction, the burden is on the defaulting party
    • Mitchell v newsgroup and Denton v Davies
21
Q

What happens in Case Management Step 5/6: Cost Management CPR 3 : what are the aims, essence and application of this?

A
  • Aim: transparency & efficiency
  • essence
    i. Prepare & exchange budgets 7 days before CMC CPR 3.13
    ii. Approval of budgets CPR 3.15 – controls budget in terms of recoverable loss – record extent of budget agreed & record courts approval after revisions.
    iii. Case Management CPR 3.77 – each stage must be outlined within budget
    iv. Recovery of costs CPR 3.18 – consider the budget CPR 44.2
    NB – 3E PD 7.6 – Revision of budget for ‘significant developments’
    v. Exceptions under CPR 3.12
    Application - dates for filing budgets and consequences of non compliance
22
Q

Where are the exceptions for the usual rules for Cost Management found? What must be remembered for MCQs?

A
  • CPR 3.12

- ‘May’ is key here for MCQs – never ‘must’ – court has lots of discretion.

23
Q

What happens in Case Management Step 6/6: Experts

A
  • CPR 35 and the guidance
  • If the report IS in your favour: CPR 32.18 > CPR 44.2
  • If NOT in your favour: CPR 35.6 Questions: Cross-examine & instruct an advisory expert, although would need court’s permission to rely on it.
24
Q

When does the Claim form have to be issued and served?

A
  • CPR 7.5

- Within 4 months of issue

25
Q

When does the Particulars of Claim need to be served?

A
  • At the same time as the claim form

- Or within the 14 days of service of the Claim Form - CPR 7.4

26
Q

When does the Acknowledgement of Service have to be served?

A
  • CPR 10.3

- Within 14 days of the Particulars of Claim

27
Q

When does the defence have to be served?

A
  • CPR 15.4
  • File and serve Defence within 14 days of the service of PoC
  • Or 28 days of service of PoC if the acknowledgement of service has been filed
28
Q

When is allocation done?

A
  • After the defence is served?
  • Small claims - CPR 26.6
  • Fast - 26.6(4)
  • Multi track - CPR 26.6(6)
29
Q

When do we need a cost and case management conference?

A
  • For multi track claims - CPR 26.6(6)
  • Costs and Case Management Conference: CPR 29.2
  • 29PD 5
30
Q

When does the Costs Budget Precedent H need to be filed?

A
  • CPR 3.13 (1)(b)
  • If the value of the claim is less than £50,000 this should be filed with the Directions Questionnaire;
    For claims valued between £50,000 to less than £10 million not later than 21 days before the CCMC.
31
Q

When does the disclosure report need to be filed?

A
  • CPR 31.5 (3) – (8)
  • Disclosure Report (Form N263) with EDQ if used
  • Not less than 14 days before the CCMC.
32
Q

When does the budget discussion report need to be filed?

A
  • CPR 3.13(2)

- No later than 7 days before the CCMC.

33
Q

When do the agreed / proposed directions need to be filed?

A
  • CPR 29.4
  • 29PD4
  • At least 7 days before the CCMC

Civil Litigation (9 decks)

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