z Dispute Resolution backup > Case management > Flashcards

Case management Flashcards

(66 cards)

Study These Flashcards
1
Q

If a court makes an order of its own initiative without a hearing/opportuntiy for parties to make representations, what must it do?

A

Allow the parties a right to set aside, stay or vary order within given period (= 7 days from date order served on applicant if no specified period)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a strike out? What cases will it target?

A
  • A deletion of written material from a SOC so that it cannot be relied on in proceedings by any party
  • Targets cases inadequately drafted/are an abuse of process

Can be deletion of entirement of SOC = case effectively over

NB different to:

  • Default judgement = procedural; consequence of failing to respond to claim
  • Summary judgement = no real prospect of success

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Must the court wait for an application of.a party to strike out whole/part of SOC?

A

No - can make on application of party of of its own initiative

Used sparingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the 3 grounds for strike out?

No _____ , abuse of ____ , failure _______

A
  1. The SOC discloses no reasonable ground for bringing/defending a claim (e.g. denies claim with no reasons)
  2. SOC is an abuse of court’s process or otherwise likely to obstruct just disposal of proceedings
  3. There has been a failure to comply with a rule, PD or court order (e.g. late service and exchange of documents)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What makes an ‘abuse of process’ and what claims will ‘obstruct just disposal’?

A
  • Abuse of process = using process for purpose significantly different from ordinary and proper use e.g. commencing claim with no intention to take case further
  • Obstructing just disposal inc claims vexatiously or obviously ill-founded

A statement of case which discloses no reasonable ground may also be an abuse of the court’s process; there is no exact dividing line between ground (a) and ground (b).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If there has been a failure to comply with a rule or direction, will a court automatically strike out even if a fair hearing is still possible?

A

Striking out unlikely - more likely to make an order imposing a lesser sanction for non-compliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Where a SOC is struck out because a party has not complied with an order including a term that SOC will be struck out if party does not comply with it, what can the other party generally obtain?

A

Judgement with costs by filing a simple request at court (application rarely required)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What can sanctions relate to?

3 things sanctions can be

A
  • Interests e.g. reducing amount payable to C
  • Costs e.g. ordering D to pay costs on indemnity not standard
  • Striking out SOC

Non-exhaustive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an unless order? What must it specify?

alternative to imposing an immediate sanction

A

Provides for automatic sanction in event of non-compliance with order - must specify date and time within which act must be done

E.g. ‘unless the defendant serves its list of documents at or before [time and date] its defence will be struck out and judgement entered for the claimant’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When will automatic sanctions be imposed by default?

A

When they are by CPR provisions e.g. failure to disclose expert report prevents a party using that report at trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the general rule on varying time limits specified by the CPR or a court order to do an act?

A

Time specified to do any act may be varied by written agreement of the parties unless CPR/court orders otherwise (e.g. varying date for CMCs)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Where a rule/PD/court order requires party to do something in specified time and specifies consequences for failure to comply, what is the exception to the general rule that parties can vary time limits by written agreement of the parties (unless rule/PD/court says otherwise)?

A

Time cannot be extended by agreement between parties unless parties agree extension of time by prior written agreement for max of 28 days as long as it does not put hearing at risk

Again - subject to court ordering otherwise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Will a saction always take effect where a party fails to comply with a rule, PD or court order imposing it?

A

Yes - unless it applies and obtains relief from sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What do rules expressly require the courts to consider the need for re relief from sanctions?

A

The need…

  • For litigation to be conducted efficiently and at proportionate cost
  • To enforce compliance with rules, PDs and orders
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What must an application for relief from sanction be supported by?

A

Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the 3 stages when approaching an application for relief from sanctions from Denton?

A
  1. If breach neither serious nor significant = relief should be granted
  2. If breach is serious or significant = consider why default occurred, and having done so…
  3. Court should evaluate all circumstances of the case
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When assessing the serious/significance of failure to comply with the rule/order at stage 1, what is a useful test? Will the general conduct of the parties be assessed?

A
  • Useful test = whether it has imperilled future hearing dates/disrupted conduct of litigation/impacted C’s ability to put forward case
  • Assessment should not involve general conduct of parties (left to 3rd stage)

E.g.
Denton - serving 6 further witness statements after parties initially served 18 months ago meaning trial was adjourned = significant and serious breach as trial date had to be vacated and no good reason for breach

Decadent vapours - C failed to pay court fees on time because cheque delayed in post = breach near bottom of range in seriousness and did not cause problems to efficient conduct of litigation at proportionate cost

Utilise TDS - C filed cost budget 45 mins late and was 13 days late in notifying court of outcome of settlement negotiations = delay in filing budget not serious/significant and did not imperil future hearing date/conduct of litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What requirements should be particularly considered when evaluating all circumstances of the case at stage 3?

A
  • Conducting litigation justly and at proportionate costs
  • Enforcing compliance with rules, PDs and orders
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the difference between a relief from sanctions and in-time applications?

A
  • Relief from sanctions = apply where deadline has passed and application made after deadline
  • In-time application = where deadline looming and party realises it is not going to be able to comply with deadline (E.g. application for extension of time to take any particular step in litigation is not an application for relief from sanctions provided applicant files application before expiry of permitted time period)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Will an application to set aside a default judgement be treated as an application for relief from sanctions?

A

Yes where D is relying on discretionary ground to set aside judgement in default

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the effect of treating an application to set aside a default judgement as an application for relief from sanctions?

A

AKA when considering whether to set aside judgement in these circumstances, court should apply Denton principles.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is ‘allocation’?

A

Deciding which track a claim should be allocated to

Small, fast, intermediate or multi

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When assessing value of claim - to decide which track a claim should be allocated to - what will be disregarded? Is value the only thing allocation is based on?

A
  • Will disregard interest, costs, any amount not in dispute and contributory negligence
  • Allocation decision based primarily on value of claim but not only thing

Will be based on other things like nature of remedy, likely complexity of facts/law, number of parties, value of counterclaim/Part 20 claim, amount of oral evidence, views expressed by parties etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the scope of the small claims track?

A

Cases with a value of not more than £10,000 (e.g. claims by tenant of residential premises against landlord for repairs where claim is more than £1,000)

Subject to special rules for PI claims

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the scope of the fast track?
Fast track = Claims up to £25,000 provied... * Trial will likely last no longer than one day (5 hours) **and** * There will only be oral expert evidence from one expert per party in each of no more than two expert fields ## Footnote REMEMBER THIS IS NOT DECISIVE - a claim of £26,000 could still be allocated to the fast track if remedy sought is straightforward, claim is factually simple etc.
26
What is the scope of the intermediate track?
Intermediate track = Claims up to £100,000 provided... * Trial will likely last no longer than 3 days if managed proportionately **and** * Oral evidence is likely to be limited to 2 experts per party
27
What are the other considerations re allocation to intermediate track?
There are no additional factors which make claim inappropriate for intermediate track and claim has a maximum of 3 parties (1 C v 1 or 2 Ds / 2 Cs v 1D)
28
What is the scope of the multi track?
Cases that do not fit on the small, fast or intermediate tracks
29
What is the overall approach taken in deciding which track to allocate to?
1. Identify normal track (financial value/oral evidence/max time) 2. Decide if good reason to allocate claim to other track based on other considerations (nature of remedy, complexity of facts/law, number of parties, oral evidence required etc.)
30
Will complex cases under £100,000 never be allocated to the multi-track?
No - judges retain discretion to allocate more complex cases valued at under £100,000 to multi-track so that they are not inappropriately captured by extended fixed recoverable costs regime
31
Summary of scope of each track
NB ‘normal tracks’ do not mean track will always be the one allocated to ## Footnote **NB addition of intermediate track!!**
32
What are the extra rules re PI claims valued at not more than £10,000 on the small claims track?
Will be standard rule **and** 1. Damages for PI are valued at not more than £1,000 for road traffic claims where accident occurred before 31 May 2021, or C is a child/PP, or C was riding a motorcycle 2. Re other road traffic claims, damages for PI are valued at not more than £5,000 3. In any other PI claim (not road traffic) damages for personal injuries are valued at not more than £1,500
33
What will a court officer do and serve on each party **following the receipt of a defence**?
Provisionally decide track which appears to be most suitable for claim and serve a **notice of proposed allocation** on each party
34
What deadlines will be specified by the notice of proposed allocation? | I.e. what parties need to file
1. Directions questionnaire 2. Proposed directions (fast/multi) 3. Costs budget and agreed budget discussions report (claims under costs management regime)
35
What does the directions questionnaire do and what is the deadline for it?
* Provides information **required for court to determine which track** case will be allocated to * Deadline specified in notice of proposed allocation
36
What things are covered in the directions questionnaire?
* Parties confirm whether (why they have (not) complied with **pre-action protocols** * Staying proceedings to try to **settle** * Type of **disclosure** needed for case * Name **witnesses** and why it will help them to prove * **Expert evidence** if needed * Estimate of time for **trial** * File **costs budget** * Proposed **directions** * Which court claim should be heard in, which track allocated to, whether interim applications have been made
37
What happens if all parties request a stay for settlement in the directions questionnaire? What happens if only one requests?
* All = claim is stayed for a month * One = court can stay if appropriate
38
What does no property in a witness mean?
There is no rule preventing party from approaching witness it has seen listed by other party and seeking their views/assistance | Cannot pressure them!
39
When will court allocate the claim to a track? What does it send to the parties once it has decided?
* Once documents specified in notice of proposed allocation have been filed (**inc DQ**) * Will send **notice of allocation** to parties with copy of DQs
40
What happens once a claim has been allocated to a track?
* Small/fast = court will give directions * Multi = court either gives directions or fixes a case management conference
41
What is the full process of allocation?
1. Defence is filed then court sends **notice of proposed allocation** and provisionally allocates 2. Parties file **directions questionnaire** by date set out in notice of proposed allocation 3. For fast/intermediate/multi, parties file **proposed directions** by date set out in notice of proposed allocation 4. Court allocates claim to track (after hearing if necessary) and serve a **notice of allocation** | NB this is general overview - specified later...
42
What are 3 key features of the small claims track?
1. **Very limited costs recovery** - court rarely orders one party to pay costs to other bar very fixed limited costs (court fees and witness expenses) 2. **Fewer formalities** - certain CPR rules do not apply and hearings are informal w parties generally representing themselves 3. **Abbreviated directions** | First 2 encourage litigants to represent themselves
43
What will the abbreviated directions in the small claims track usually include?
* Parties serve on every other party copies of docs they intend to rely upon no later than 14 days before main hearing (rather than more detailed directions for disclosure) * Original documents to be brought to hearing * Notice of hearing date (at least 21 days' notice usually given) and time allowed for hearing * That court must be informed if case settles by parties' agreement
44
Will a fast track claim have a hearing held for its directions?
It can do, but will usually give directions based off DQ
45
In the standard directions for the fast track, within how many weeks of the notice of allocation must the following be completed: 1. Disclosure 2. Exchange of witness statements 3. Exchange of experts' reports 4. Filing pre-trial checklists at court 5. Trial date/period fixed or trial
1. 4 2. 10 3. 14 4. 22 5. 30 ## Footnote Will usually be in County Court and should last no longer than a day
46
If the notice of proposed allocation indicates that the case will be allocated to multi-track, what are the most likely next steps?
1. Court gives directions; **or** 2. Convening a **case management conference (CMC)** | Latter is for more complex cases where directions not agreed
47
What is the purpose of a CMC?
* Ensure real issues between parties are understood and potentially narrowed before trial * Decide future conduct of the case * Test parties on matters like: suitability for settlement, position parties have reached, steps already taken, compliance with directions, estimated costs
48
What issues are considered at a CMC?
* Whether claim is clear * Whether SOC amendments necessary * What disclosure required * What expert evidence required and how to obtain * What factual evidence required * Whether further information required * Whether it will be just to order split trial
49
What are the 2 products of a CMC?
1. Directions order 2. Costs management order
50
What must any legal representative attending the CMC be and have?
* Must be familiar with case * Must have sufficient authority to deal with issues that arise
51
What order is likely to be given if a representative does not attend and CMC postponed as a consequence? Who pays?
A wasted costs order - payable by solicitor (not client)
52
What are draft directions and when must they be submitted?
* Draft directions are directions that are agreed (/proposed if not agreed) upon by the parties under the **express obligation** to do so * Must be submitted to court at least 7 days before any CMC | NB this will be after directions questionnaire ## Footnote Draft directions = agreed/proposed directions Satisfies OO by saving time and money and is reinforced by the requirement that agreed
53
Should the parties make the draft directions from scratch?
Should use MOJ model and standard directions as starting point and adapt as appropriate
54
If the parties have agreed all directions required for future management of case and the court is satisfied of the appropriateness of the directions, what might it do re the CMC?
May 'vacate' (cancel) it
55
If the parties are unable to agree draft directions, what happens?
CMC used for court to give directions - will hear submissions from representatives before deciding
56
When must both parties produce a dislosure report ahead of a CMC? What form is used for the disclosure report?
* Not less than 14 days before it * N263 | Uness the claim includes a claim for PI!
57
What must a disclosure report do?
1. Briefly describe what documents exist relevant to matters in issue 2. Describes where documents are/may be located 3. Describes how electronic documents stored 4. Estimates broad range of costs involved in standard disclosure 5. States which of disclosure directions are sought Be verified with statement of truth
58
When should an Electronic Documents Questionnaire (EDQ) be used and what will it be filed with?
* Used where there are electronic documents * Needs to be filed with disclosure report even where already exchanged
59
What is a case summary, how many words is it, when will it be useful for CMC, and what should it contain?
* Short document of < 500 words prepared by C and agreed by parties to assist court in understanding issues raised * Parties required to produce one when they consider it appropriate * Should consider: chronology of claim; factual issues and in dispute; and nature of evidence needed to decide
60
If a party needs to make an application to court (e.g. amend SOC), when should it be made? Can it be considered at a CMC?
* Should be made as soon as it becomes apparent that it is necessary or desirable * Can be heard at any fixed hearing including CMC (ideally!)
61
Will there only ever be one CMC?
* Can be more than one for very complex cases - will be reconvened on several occasions * May have CMC later in case to see how case is progressing/give further directions | Can be used outside multi-track but much less common!
62
What are the deadlines for a disclosure report and draft directions? How is this different from the deadline of the directions questionnaire?
* Disclosure report = not less than 14 days before CMC * Draft directions = at least 7 days before CMC * Deadline for directions questionnaire will be set out in notice of proposed allocation (as this is needed before court decides which track to allocate case on)
63
Will a CMC be needed for a claim on the intermediate track? | NB above covered multi-track
Yes if the court needs to provide directions!
64
For case management on the intermediate track, when must parties agree and submit appropriate directions? What happens if these are approved by the court?
* 7 days in advance of the CMC * Approves = CMC vacated
65
What is the standard period between the giving of directions and trial for the intermediate track?
No more than 30 weeks
66
For claims on the intermediate track, what is the total length of witness statements and expert reports limited to?
* Witness statements = 30 pages * Experts reports = 20 pages (excluding photographs, plans and articles attached)
z Dispute Resolution backup
flashcards
Decks in class (20)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions