Case Management

Question 1

What are the four tracks a claim can be allocated to?

Answer 1

• small claims track
• fast track
• intermediate track
• multi track

Question 2

When is the small claims track appropriate?

Answer 2

• claims under £10,000
• personal injury claims not more than £1500
• personal injury from road traffic not more than £5000
• personal injury where damages are not more than £1000
• residential disrepair claims where cost of repairs are not more than £1000 ad value of damages not more than £1000

Question 3

When is the fast track appropriate?

Answer 3

• £10,000 - £25,000
• trial no longer than 1 day
• oral expert evidence limited to one expert per party and max 2 experts per field
• any of the personal injuries that do not fall into small claims
• residential disrepair that does not fall into small claims

Question 4

When is the intermediate track appropriate?

Answer 4

• does not fit in small claim or fast
• not more that £100,000
• trial last no longer than 3 days
• no more than 2 experts per party

Question 5

When is the multi track appropriate?

Answer 5

• above £25,000
• asbestos lung disease claim
• clinical negligence unless intermediate track, or full admission of liability
• if the claim does not fit in the other tracks

Question 6

Once the track has been allocated what is the next step?

Answer 6

The parties should work together to present to the court a proposed set of procedural steps and timetable for the compliance of those steps - directions. The judge will either agree them or disagree and alter them. The court makes the final decision

Question 7

What is the overriding objective of case management?

Answer 7

The principle that guides the civil courts into any action they take. It is contained in the civil procedure rules and enables the court to deal with cases justly and at proportionate cost

Question 8

How should the overriding objective be applied?

Answer 8

Dealing with a case justly and at a proportionate cost includes, so far as practicable:
1. ensuring the parties are on an equal footing
2. saving expenses
3. dealing with the case in ways that are proportionate:
- to the amount of money involved
- to the importance of the case
- to the complexity of the issues
- to the financial position of each party
4. ensuring that it is dealt with expeditiously and fairly
5. allotting to it an appropriate share of court’s resources whilst taking into account other cases
6. enforcing compliance with rules, practice directions and orders

Question 9

What is not taken into consideration when calculating the value of the claim for allocation to a track?

Answer 9

• account of any amount not in dispute
• claim for interest
• contributory negligence
• costs

Question 10

Can a case be reallocated to a different track once it has already been allocated to one?

Answer 10

Yes if there has been a change in circumstances and if one or both parties make an application to the court

Question 11

What is the suggested timetable for fast track cases?

Answer 11

All calculated from the parties filing the directions questionnaire:
- disclosure within 4 weeks
- inspection within 6 weeks
- exchange of witness statements within 10 weeks
- exchange of expert reports within 14 weeks
- filing of pre-trial checklist within 22 weeks
- trial within 30 weeks

Question 12

If a case is allocated to the multi-track what will the court fix?

Answer 12

A case management conference or a pre-trial review

Question 13

What happens if a party fails to comply with a case management direction?

Answer 13

• first thing they should do is try and agree an extension with the other side - up to 28 days - this can only be done if it does not put any hearing dates at risk
• if the other side does not agree or more than 28 days is needed, an application to the court
• the sanction will automatically take effect unless the defaulting party obtains relief
• the court may also consider a wasted costs order against the legal representative for the party at fault

Question 14

What are the sanctions for failing to comply with directions?

Answer 14

• unless order (allows party to rectify breach - ‘unless the claimant files their updated particulars by 22nd July they shall be debarred from relying on them’)
• interest
• payment in court
• costs
• disallowing evidence
• striking out (whole or part of claim stuck out)

Question 15

Can a party have relief from sanctions for not complying with directions?

Answer 15

The party will have to apply to the court for relief and the court will consider the overriding objective against all the circumstances on the case and apply the following guidelines:
- assess the seriousness or significance
- consider why the default occurred
- consider all the circumstances of the case