1.8 Case Management

Question 1

What is the overriding objective of case management?

Answer 1

Encourage parties to cooperate in conduct

Encourage parties to use ADR (court considers appropriate)

Deal w/o parties’ court attendance

Give directions > Ensure trial proceeds efficiently + quickly

Question 2

Which track may courts allocate the case to?

Answer 2

Small claims track

• Claim < £10,000
• Personal injury claim < £1,000
• Tenant’s claim vs Landlord (repairs/other) > Costs/Financial claim of other claim for damages =< £1,000

Fast track

• £10,000 < Claim =< £25,000
• Within 30 weeks of allocation => Trial =< 1 day
• 1 expert per day per expertise > Oral evidence at trial
• Winner > Recover costs (capping)

Multi-track

• Claim > £25,000
• Trial > 1 day
• +1 expert > Oral evidence at trial
• Winner > Recover costs (NO capping)

High Court (D’s jx)

• D is individual
• Specified sums

Question 3

When may court allocate cases? Can it be reallocated/challenged/appealed?

Answer 3

After filing defence

Court’s provisional allocation

Reallocation

• Parties + court agree
• Change in circumstances/value

Appeal/Challenge
- Party/Legal rep present at CMC hearing if it took place

Question 4

What factors may the court consider?

Answer 4

Financial value of claim/counterclaim

Nature of remedy sought

Likely complexity > Facts/Law/Evidence

No. parties

Oral evidence amount

Importance of claim > Non-parties

Views expressed by parties + circumstances

Question 5

What are case managment direction orders?

Answer 5

Steps to prepare for trial

Point of pre-trial checklists

Compliance directions

=> PDs (each track) + average non-complex claims

Question 6

What directions may be given at small claims track?

Answer 6

Exchange reliant docs at least 14 days before hearing + file at court (paper hearing)/bring original files at court hearing

Final hearing > Notice of date/time/location/time allowed

Settlements made > Notice in writing > Court

Special directions (made/requested) (where appropriate) => Modify + exchange W evidence (as court considers appropriate)
- If significant modifications => May allocate to fast track if appropriate

Question 7

What directions may be given at fast track?

Answer 7

Directions (can vary deadlines by parties’ agreement)

• Allocation
• Disclosure within 4 weeks
• Exchange W evidence within 10 weeks of directions order
• Exchange expert evidence within 14 weeks

Directions (can NOT vary deadlines)

• Filing of pre-trial checklist
• Court sends out pre-trial checklist > 20 weeks before trial + return 2 weeks later
• Trial period (within 30 weeks)

Application to vary directions

• Within 14 days of order
• After 14 days > Justified variations
• If party seeking variations was present at CMC and order subsequently made => Can appeal order

If CMC took place (due to lack of cooperation/party’s default) => Costs penalty possible vs defaulting party

Question 8

What directions may be given at multi-track?

Answer 8

Directions

• More complex
• Flexible

Longer timetable to trial

Potential CMC > Directions (can vary deadlines by parties’ agreement)’

• Stay proceedings > Attempt ADR
• Specify issues
• Specify disclosure scope + extent
• Split trial > Liability + damages

Directions (can NOT vary deadlines)

• Filing of pre-trial checklist
• Court sends out pre-trial checklist > 20 weeks before trial + return 2 weeks later
• Trial period (within 30 weeks)

Application to vary directions

• Within 14 days of order
• After 14 days > Justified variations
• If party seeking variations was present at CMC and order subsequently made => Can appeal order

If CMC took place (due to lack of cooperation/party’s default) => Costs penalty possible vs defaulting party

Question 9

When may court revoke/vary orders?

Answer 9

Material change of circumstances/facts re decision > Misstated (omission/positive)

Court should consider

• Finality of litigation
• Need to avoid undermining ‘appeal’

Question 10

What may court order if non-compliance with case management orders? What is required?

Answer 10

1) Non-compliance with order
- NO good reason
- By specified date

2) NO delay
3) Warn other party his intent

Court may impose

a) Defaulting party;
- Pay security to court
- Pay costs (indemnity)
- Prevented from costs recovery

b) Sanctions

Question 11

How may non-complying party apply for relief from sanctions?

Answer 11

ASAP

Supporting evidence

Conduct litigation

• Efficiently
• Proportionate cost

3-stage test

1) NOT serious/significant breach
2) Reason for breach
3) ALL circumstances
- Other party suffering any prejudice

Question 12

What is the purpose of case management conferences?

Answer 12

Allocate claims

Review case at trial

As part of interim app

Timetable significantly slipped/circumstances changed

Review steps taken > Progress action

Review compliance w/ previous directions or orders

Decide further steps/directions/contents + record agreements

Question 13

What should be filed in advance of CMC?

Answer 13

Case summary

• Chronology
• Issues

Pleadings

Disclosure reports

E-directions questionnaire

Directions questionnaire, proposed directions

Costs budgets

Question 14

What directions may be made before trial at CMC?

Answer 14

Additional pleadings > Filing

Provide disclosure by list

Inspect docs

Exchange WS

Experts

• Appointment
• Exchange expert reports
• Issue single joint expert report

Prepare joint statement (agreement/disagreement)

Listing pre-trial review, trial + associated directions