Case Management

Question 1

What procedural steps would a court be expected to make an order in relation to after a defence has been filed?

Answer 1

• exchanging witness statements
• filing an expert’s report
• timetable for steps that the parties must follow

Question 2

How will the procedural steps that the court will order to be done be determined?

Answer 2

By what track a claim is on

Question 3

What is case management?

Answer 3

The process carried out by the court that progresses a case towards a final trial

Question 4

What is a case track?

Answer 4

It will determine the type of directions and timetable that the court will attach to a particular claim

Question 5

What will happen once a claim has been allocated to a track?

Answer 5

The claimant and defendant parties or their representatives should work together to present to the court a proposed set of procedural steps and a timetable for those steps to be complied with

Question 6

What will the court do on being presented with proposed directions?

Answer 6

The judge will either agree with them and make an order incorporating them

Or

Disagree and alter them

Question 7

What are directions?

Answer 7

Are a list of instructions given by the court to the parties to litigation that set out the steps which each party needs to take to prepare for trial and the deadlines by which each of those steps needs to be completed

Question 8

What is the overriding objective in civil cases?

Answer 8

To deal with cases justly and at proportionate cost

Question 9

How is the overriding objective to deal with cases justly and at proportionate cost to be applied?

Answer 9

The court should ensure so far as practicable:

• ensuring that the parties are on an equal footing
• saving expense
• dealing with the case in ways which are proportionate to

(i) to the amount of money involved

(ii) to the importance of the case

(iii) to the complexity of the issues

(iv) to the financial position of each party

• ensuring that it is dealt with expeditiously and fairly
• allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases and
• enforcing compliance with rules, practice directions and orders

Question 10

What key steps is the court involved in as part of their role of monitoring and controlling the case?

Answer 10

1. identifying disputed issues at an early stage
2. deciding how those issues are to be presented and proved
3. fixing the timetable for the claim to follow
4. controlling costs
5. disposing of cases by summary judgment
6. dealing with matters without the parties having to attend court and giving directions to ensure the progress of the case is efficient