Chapter 9

A principle in the Civil Procedure Rules (CPR 1998) requiring judges to actively manage cases to achieve justice efficiently.

A set of rules that govern how civil court cases in England and Wales are conducted.

A document outlining the key points of the plaintiff's case, including claims, facts, and legal arguments.

The court's power to strike out a statement of case if it is deemed insufficient or lacking in merit.

A court order imposing penalties on parties who fail to comply with procedural rules or deadlines.

A process by which a court allocates a case to a specific track based on its complexity, value, and other factors.

The court's power to review and adjust the order of events, timelines, or case procedures.

The process of managing the costs associated with a legal case through budgeting and control.

The court can grant relief from sanctions even without a formal application, either informally at a hearing or acting on its own initiative.

The court's discretion to grant relief is exercised sparingly, particularly when there's no formal application and potential prejudice to other parties.

Parties can extend deadlines for filing documents by agreement in writing, up to a maximum of 28 days, unless the court prohibits it or it would delay a scheduled hearing.

If a sanction is the payment of costs, the only way to challenge it is by appealing the costs order.

The court's discretion to grant relief from sanctions is exercised in line with the overriding objective of achieving a just outcome.

Parties can challenge a court order imposing sanctions by appealing against it.

When a rule or order specifies a consequence for failing to comply, parties can agree to extend the deadline by up to 28 days, unless the court forbids it or it would delay a hearing.

The court considers factors like potential prejudice to opposing parties and the availability of evidence before granting relief from sanctions.

Part C of the questionnaire requires parties to confirm if they've followed pre-action protocols. If not, they must explain why.

Part D of the questionnaire addresses the case management track based on claim value. Parties must choose between fast, intermediate, or multi-track, and explain their reason if there's disagreement.

The financial value of the claim is the primary factor for choosing the case management track. This value excludes interest, costs, and any contributory negligence.

Cases for the fast or intermediate track may be assigned a complexity band based on its difficulty. Parties can agree on this, but the court has the final say.

The multi-track requires parties to discuss electronic document disclosure and reach an agreement. If not, they must outline the issues and propose how to resolve them.

Regardless of the track, parties must outline their proposed approach to disclose non-electronic documents.

The questionnaire aims to ensure parties have followed appropriate pre-action conduct and prepared for case management, promoting efficient court processes.

The judge's decision to allow one or more issues to proceed to trial while others are delayed, for example, due to lack of readiness.

Exchange of witness statements is mandatory for evidence at trial, usually done simultaneously by both parties.

The court's ability to order a single expert for both parties, rather than allowing each party to appoint their own.

The trial date is seen as highly important and parties must ensure they are ready by that date.

The court may order that no costs will be allowed for a later trial of the remaining issues, or that those costs will be paid by the party in default.

The court will assess what steps each party needs to take to prepare for trial, ensuring a timely process and sanctioning non-compliance.

A court order that requires parties to disclose documents relevant to the case.

The court uses this objective to ensure cases are handled fairly and efficiently, minimizing costs and unnecessary delays.

Judges have the power to adjust the course of a case, modifying deadlines, procedures, or even dispensing with certain steps, if necessary.

The court can decide whether to require parties to disclose all documents, only those they rely on, or to provide disclosure based on specific issues.

Parties can try to overturn a sanction by appealing the court's decision. However, this is usually limited to cost sanctions.

A document used to ensure that court proceedings are ready for trial. It checks if the directions have been followed, and helps the court schedule the trial date.

The court uses this to confirm or set the date, duration, and location of the trial. It also sets directions for matters like evidence and preparing the trial bundle.

A specified time frame within which a trial must begin. This can be a single date or a period of time.

A collection of essential documents needed for the trial, such as witness statements, evidence, and legal documents. The claimant is generally responsible for assembling this.

The court may hold a hearing if a party fails to file a pre-trial checklist, files an incomplete one, or there are issues with the trial directions.

If a party does not file a pre-trial checklist, the court might strike out their claim, defense, or counterclaim, unless they file it within seven days.

Parties are actively encouraged to share copies of the pre-trial checklist with each other before submitting it to the court.

The court will normally give the parties at least three weeks' notice before the trial begins.