case managment

Question 1

case management

Answer 1

1. The court has a duty to manage cases throughout the entire path of an action.
2. It does this by making directions as to** the steps that the parties must take to prepare the case for trial and the timescale within which those steps must be taken. **
3. Case management is by the Masters, District Judges, and Circuit Judges and occurs at various stages through the life of the claim, notably at allocation and pre-trial.

Question 2

4

TRACK ALLOCATION

Answer 2

1. After the defendant files a defence, usually the first bit of case management a court undertakes is to allocate the case to the appropriate court track.
2. There are 4 tracks: the
   small claims track, the fast track, intermediate track and the multi-track
3. The court will send the parties a notice of proposed track allocation, together with a Directions Questionnaire which the parties must complete and return within 28 days.

Question 3

The Court Ignores Sums Not in Dispute

Answer 3

In determining the value of a claim, the court ignores any sums not in dispute, interest, costs, and contributory negli-gence.

Question 4

5

THE SMALL CLAIMS TRACK

Answer 4

1. The small claims track is intended to be the procedure for the most straightforward claims, with an upper limit of £10,000, although the court may allocate claims with a higher value to the small claims track if the parties agree or if less than £10,000 is actually in dispute even though the total claim is for more.
2. Personal injury claims with a financial value of not more than £10,000 if the value of any claim for damages for personal injuries is not more than £5,000 in a claim arising from a road traffic accident;
3. For £1,500 in any other claim for personal injuries; o
4. A claim by a residential tenant for the landlord to carry out repairs or works where the works are estimated to cost no more than £1,000 and the financial value of any other claims is not more than £1,000.
5. harassment and unlaw-ful eviction claims will not be allocated to the fast track

Question 5

2

Setting Aside a Small Claims Decision

Answer 5

1. A party may apply to set aside a decision in the small claims court if they were not in attendance at the hearing.
2. They need to make an application within 14 days of service of the order showing:
   *They had good reason for not attending; and
   *Their claim or defence has reasonable prospects of success.

Question 6

THE FAST TRACK

Answer 6

1. The fast track is the normal track where a claim has a value** be-tween £10,000 and £25,000**.
2. The threshold for personal injury cases is £5,000 for road traffic accident cases except wherethe claim (1) is for personal injuries arising from a road traffic
   accident that occurred on or after 31 May 2021; (2) is made by
   a child or a protected party or a person who, on the date the
   claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, was a child; and (3) includes a claim for a whiplash injury. In these cases, the claim must be issued on the fast track even if it isworth less than £5,000. 3. However, as a fast track trial cannotexceed one day, a claim will not be suitable for the fast trackand must be allocated to the multi-track if the trial will exceedone day or if each party proposes to instruct more than two ex-perts or expert evidence is required from more than two felds.

Question 7

Restriction of Evidence
Fast Track

Answer 7

Courts restrict expert evidence in fast track claims. The emphasis is on written rather than oral evidence. The use of single joint experts in fast track cases is encouraged.

Question 8

4

Factors to consider on
track allocation

Answer 8

1.Value of claim for damages
2.Does the claim involve a personal injury claim or a protected party
3. ls it complex - law, evidence, test case
4.Claim may be moved up to a higher track beyond financial value of claim. e.g., Claim for £15,000 moved to multi-track because of 2 days trial

Question 9

3

THE MULTI-TRACK DESIGNATION

Answer 9

1. The multi-track normally applies to claims with a value in ex-cess of** £100,000** or
2. where the claim may have a lesser value but the trial will last more than 3 day.
3. Parties may issue multi-track cases in the County Court or the High Court.

Question 10

Points in the Directions Questionnaire
Matters that the parties must address in a Directions Ques-tionnaire include:

Answer 10

1. Whether the parties have complied with the pre-action protocol;
2. Case management information (such as track allocation, details of any applications, and what directions are proposed as to disclosure and inspection) and
3. any amendments required to Statements of Case or further informa-
   tion requests;
4. Whether experts are required and, if so, their identities and fields of expertise, why they are needed, and anticipated cost;
5. The names of witnesses and the issues to which their evidence relates;
6. An estimate of the length of the trial;
7. Details of the anticipated costs of the proceedings; and
8. Trial periods and pre-trial checklists.

Question 11

Small Claims Directions

Answer 11

1. Documents to be exchanged 14 days before the hearing;
2. Documents to be filed or originals brought to court;
3. Provision for the final hearing date;
   Encouragement to try to agree the claim;
4. That no expert may be used without express permission.

Question 12

Fast Track Directions

Answer 12

Question 12

Applications to Vary

Answer 12

If a party is not happy with the directions given by the court, they can apply to vary, but they must do so within 14 days, failing which the court may assume they have accepted the directions given.

Question 13

4

MULTI-TRACK DIRECTIONS

Answer 13

1. In multi-track cases, there tends to be no set timetable.
2. For high value and complex multi-track claims, the court will list the case for** a Case Management Conference, normally requiring the parties to file disclosure reports at least 14 days before, and costs budgets 7 days before**, the hearing.
3. The fling of a case summary is mandatory. A case summary is a brief synopsis of the claim for the judge’s beneft, setting out the main issues in the case.
4. At the Case Management Conference, the District Judge will give directions.

Question 14

Case Management Conference

Answer 14

A Case Management Conference is an opportunity for the
court to take stock of the case and consider the further steps that may be necessary to prepare the matter for trial.

Question 15

3

NON-COMPLIANCE WITH ORDERS; SANCTIONS AND RELIEF

Answer 15

1. Failure to comply with directions may lead to the court striking out the claim, defence, or counterclaim.
2. If a party defaults, the other party should make an immediate application. Normally the court will make an ‘unless’ order, specifying the penalty that will be imposed unless the party complies with the direction.
3. Note: A court generally will not strike out a claim for non-compliance with a direction unless the non-defaulting party has applied for an** unless order** and the unless order has not been complied with.

Question 16

Imposition of Costs Orders

Answer 16

Instead of striking out the claim or defence, the court may
impose a costs order on a party who fails to comply, award
indemnity costs or increased interest, require a defaulting
party to pay money into court, or debar a party from relying
on evidence.

Question 17

2

Criteria for Relief from Sanctions
If a party has a good reason for non-compliance, they can ap-ply for relief from sanctions.

Answer 17

the court will consider:
*The seriousness of the breach (if not serious, the court is
likely to consider granting relief from sanctions); and
*The reasons for the breach (if the reasons were serious,
such as a serious illness or accident, the court may con-
sider relief).