Case Management

Question 1

What will a court officer do once a defence is filed?

Answer 1

a) decide the track
b) serve a notice of allocation on the parties to complete directions questionnairesW

Question 2

What must accompany a directions questionnaire?

Answer 2

Directions draft order

Question 3

What must accompany a directions questionnaire for claims on the multi-track (DCDC)?

Answer 3

a) draft directions order
b) case summary
c) disclosure report
d) costs budget
“DCDC”
“Don’t Come Down Crying”

Question 4

What are the consequences for failure to file a directions questionnaire?

Answer 4

a) claim for money in County C = notice requiring compliance within 7 days = does not comply SoC are struck out or;
b) court makes order as they see appropriate

Question 5

What is the key factor in deciding which track to allocate a case to?

Answer 5

The financial value

Question 6

What are other factors which are taken in to consideration when deciding on track?

Answer 6

a) remedy sought
b) complexity
c) oral evidence
d) value of counterclaim

Question 7

Claims of what financial value will be allocated to the small claims track?

Answer 7

£10,000 or less

Question 8

Which claims will be allocated to the fast track?

Answer 8

a) claims of more than £10,000 but not more than £25,000
b) trial is likely to last longer than a day
c) oral expert evidence is limited to one expert per party

Question 9

Which directions are issued on the fast track?

Answer 9

Standard

Question 10

What claims are allocated to the intermediate track?

Answer 10

a) value of more than £25,000 but not more than £100,000
b) max 3 parties
c) max 2 experts per side
d) max 3 day trial

Question 11

When must proposed directions be submitted to the court on the intermediate track?

Answer 11

At least 7 days prior to any CMC

Question 12

What are the complexity bands for the fast track?

Answer 12

1) Debt & road traffic accidents
2 & 3) Road traffic personal injury & other PI
4) professional negligence

Question 13

What are the complexity bands on the intermediate track?

Answer 13

1) Debt & claims with one issue in dispute
2 & 3) More than one issue in dispute
4) most complex - serious issues of fact and law

Question 14

Which claims are allocated to the multi-track?

Answer 14

a) over £100,000 value
b) complex legal issues

Question 15

When will a case on the multi-track require a CMC?

Answer 15

If it is a more complex claim

Question 16

What will the court do at a CMC?

Answer 16

a) review preparatory steps
b) check compliance with directions
c) give directions about future steps

Question 17

Who must attend a CMC?

Answer 17

If a party has a legal rep they must attend

Question 18

What should be done if the legal rep cannot attend the CMC?

Answer 18

App to postpone the CMC date should be made & why

Question 19

What is the purpose of a case summary?

Answer 19

To assist the court in understanding which matters are in dispute & which are agreed

Question 20

What should a case summary set out?

Answer 20

a) chronology
b) factual issues agreed / in dispute with supporting evidence

Question 21

Who prepares the case summary?

Answer 21

The Claimant

Question 22

What directions will be issued in complex cases on the multi-track?

Answer 22

Common directions

Question 23

For which applications can the date not be changed without court approval on the multi-track?

Answer 23

a) CMC
b) pre-trial review
c) return of pre-trial checklist
d) trial / trial period

Question 24

What can one party do if a step is missed by the other?

Answer 24

Apply for an order enforcing compliance or a sanction

Question 25

What happens to the trial date if a party's fail to comply with directions on the fast & intermediate track?

Answer 25

Failure to comply will not lead to trial postponement unless the circumstances are exceptional

Question 26

When do costs budgets not apply?

Answer 26

a) fast track b) intermediate track c) multi-track claims of £10m +

Question 27

What does a costs budget consist of?

Answer 27

a) breakdown of costs & disbursements already incurred b) estimate of future cost

Question 28

When must a costs budget be filed?

Answer 28

a) with directions questionnaire (50k or less) or; b) no later than 21 days before CMC

Question 29

When must a budget discussion report be filed?

Answer 29

At least 7 clear days before CMC

Question 30

What is a budget discussion report?

Answer 30

Itemisation of the figures agreed & disputed

Question 31

Can a party amend their projected future costs within their budget?

Answer 31

Only if a significant development justify tit

Question 32

What if a party fails to file a costs budget on time / at all?

Answer 32

They will be treated as having filed a CB of only the court fees

Question 33

When will a costs management order be made?

Answer 33

If it is not satisfied that the litigation can be conducted in accordance with the overriding objective

Question 34

What will a costs management order consist of?

Answer 34

a) a record of the agreed incurred costs b) courts approval for revision in relation to costs that are not agreed

Question 35

What is the effect of a costs management order?

Answer 35

a) court will control the parties budgets in respect of recoverable costs b) parties are tied to costs budget figures (standard basis)

Question 36

What is the effect of a costs management order once costs have been decided?

Answer 36

Difference of 20% or more in costs claimed & those in the budget = must provide reasons

Question 37

When might a court strike out a statement of case?

Answer 37

a) SoC discloses no reasonable grounds to bring / defend claim b) failure to comply with rule / PD / court order

Question 38

Besides striking out SoC, what other sanctions does the court have at its disposal?

Answer 38

a) costs (i.e., indemnity basis) b) interest c) limiting the issues d) unless order

Question 39

When a party is applying for relief from sanction, what will the court consider?

Answer 39

The need a) for litigation to be conducted efficiently & at proportionate cost b) to enforce compliance with rules & procedures