Chapter 9

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Questions and Answers

What is one of the key elements introduced in the CPR 1998 regarding case management?

The prioritization of cases based on their complexity

The duty to minimize court appearances

The introduction of a mandatory timeline for case resolution

The duty to manage cases actively (correct)

Which rule gives the court a broad range of case management powers?

r 3.4(2)

r 9.6

r 1.4

r 3.1(2) (correct)

In which scenario may a party’s statement of case be struck out?

If it is submitted digitally

If it presents a compelling argument

If it fails to comply with a court order (correct)

If it includes excessive legal jargon

What may be included in the consequences for a party not following the court's rules?

Imposition of sanctions Signup and view all the answers

Which track is typically associated with small claims?

Small claims track Signup and view all the answers

What role does a case management conference serve in intermediate and multi-track cases?

It provides a platform for case strategy discussions Signup and view all the answers

What is the purpose of a directions questionnaire in case management?

To collect information on the case for management purposes Signup and view all the answers

What does the court need to consider when allocating a case to a particular track?

The complexity of the legal issues Signup and view all the answers

What must parties explain if they have not complied with the Practice Direction on Pre-Action Conduct?

The reasons for their non-compliance Signup and view all the answers

Which tracks can parties choose between during case management?

Fast, intermediate, and multi-tracks Signup and view all the answers

What is one way a party in default can obtain relief from a cost sanction?

By appealing against the order for costs Signup and view all the answers

What is the primary criteria for allocating a case to a particular track?

The financial value of the claim in dispute Signup and view all the answers

Under what condition can parties agree to extend the time for compliance for up to 28 days?

Unless it risks any hearing date and with prior written agreement Signup and view all the answers

If parties disagree on track allocation, what must they provide?

Their objections and reasons for the preferred track Signup and view all the answers

What discretion does the court have when no formal application notice has been issued?

To grant relief without formal procedures based on initiative Signup and view all the answers

What sections of Part D deal with the complexity band of the case?

Sections 4, 5, and 6 Signup and view all the answers

What must the court consider when deciding to grant relief from a sanction?

The reason for the absence of a formal application Signup and view all the answers

What should parties do if they have not reached an agreement about electronic document disclosure?

State the issues to be decided and propose a management conference Signup and view all the answers

What information is required in section 9 regarding non-electronic documents?

Proposed directions for their disclosure Signup and view all the answers

Which situation demonstrates the court acting of its own initiative regarding relief from sanctions?

Granting relief with no prior notice to any party Signup and view all the answers

What is a key factor the court considers if there is a dispute about track allocation?

The factors listed in rule 26.13(1) Signup and view all the answers

How should the court exercise its discretion in granting relief from sanctions?

Sparingly, considering potential prejudice to opposing parties Signup and view all the answers

What can the absence of a formal application imply according to the court's discretion?

It may impair another party's ability to oppose relief Signup and view all the answers

What is the maximum extension period for compliance agreed upon by the parties?

28 days Signup and view all the answers

What does the last direction typically require the parties to do upon settlement of a claim?

Inform the court immediately if the claim is settled Signup and view all the answers

What is one of the factors the court considers when determining orders for disclosure?

The overriding objective and necessity of limited disclosure Signup and view all the answers

Which of the following is NOT an order related to disclosure that the court may consider?

Requesting an indefinite pause on disclosure Signup and view all the answers

What must parties do to vary the dates for a case management conference?

Make an application to the court Signup and view all the answers

When can parties agree to vary directions regarding disclosure?

By written agreement for witness statements Signup and view all the answers

Which order allows a party to disclose documents they rely on while requesting specific information from others?

Specific document request order Signup and view all the answers

Which of the following is a requirement for the courts in relation to the disclosure process?

To ensure disclosure is limited to what's necessary Signup and view all the answers

What is the consequence of a party agreeing to vary matters that change essential trial dates?

The court may refuse to accept the variation Signup and view all the answers

What may be a consequence if a party fails to comply with court-imposed directions?

They may be deprived of the right to contest an issue. Signup and view all the answers

What is the norm regarding the exchange of witness statements?

They should be exchanged simultaneously. Signup and view all the answers

In fast track cases, what is the usual requirement for expert evidence?

It should generally be given through written reports. Signup and view all the answers

What may happen if the court believes certain issues are ready for trial?

The trial may proceed on the issues that are ready. Signup and view all the answers

What might the court order regarding costs related to remaining issues?

Costs may not be allowed for later trial of remaining issues. Signup and view all the answers

How does the court handle the postponement of trials?

It postpones for the shortest possible time. Signup and view all the answers

What must the court determine before allowing an expert to give oral evidence?

That it is necessary in the interests of justice to do so. Signup and view all the answers

What does the court require regarding a single joint expert?

The appointment of a single joint expert may be ordered. Signup and view all the answers

What is the primary purpose of the pre-trial checklist?

To ensure compliance with directions for trial scheduling Signup and view all the answers

When should the pre-trial checklist be returned to the court according to the directions order?

No later than eight weeks before the trial date Signup and view all the answers

What action will the court take if no party files a pre-trial checklist?

Any claims, defenses, or counterclaims will be struck out Signup and view all the answers

What must parties do prior to the trial regarding the trial bundle?

Agree on its contents and lodge it three to seven days prior Signup and view all the answers

How much notice does the court typically provide for a trial date?

Three weeks Signup and view all the answers

What happens if some parties file a pre-trial checklist but not all?

Normal listing directions or a hearing may occur Signup and view all the answers

What contents should the agreed directions include?

Evidence, trial timetable, and trial bundle preparation Signup and view all the answers

What must be done with the pre-trial checklist before filing it with the court?

Exchange copies with the other parties Signup and view all the answers

Study Notes

Case Management and Allocation of Cases

Case management is a key element of the Civil Procedure Rules 1998 (CPR 1998)
Rule 1.4 of CPR 1998 imposes a duty on the court to actively manage cases.
Part 3 of CPR 1998 provides the court with wide-ranging case management powers.
Rule 3.1(2) lists the court's powers, including extending deadlines, adjourning hearings, directing court procedures such as consolidating proceedings, and ordering attendance at court.

The Court's Powers

The court can direct parts of proceedings to be handled as separate cases.
Cases can be consolidated.
Issues can be tried separately, or in a specific order.
Preliminary issues can be decided first.
Parties can be required to file costs budgets and participate in cost discussions.
The court can impose sanctions for non-compliance.

Striking Out a Statement of Case and Other Sanctions

Rule 3.4(2) allows the court to strike out parts or all of a statement of case.
The court can strike out a statement of case if it has no reasonable grounds for bringing a claim or defending against one, disrupts the court process, or fails to follow court orders.

Inadequate Statements of Case

Practice Direction 3A provides examples of inadequate statements of case.
These include claims without factual support (e.g., "money owed £5,000").
Defences that do not provide coherent factual reasoning are inadequate.

Relief from Sanctions

Relief from sanctions is governed by rules 3.8 and 3.9.
Applications for relief should consider the overriding objective, any prior non-compliance, and the fairness of the circumstances.

Allocation to a Track

Part 26 of CPR 1998 governs the allocation of cases to tracks (small claims, fast track, intermediate, or multi-track).
Allocation is primarily based on the monetary value of the claim.
Claims under £10,000 typically go to small claims; between £10,000 and £25,000 to fast track; between £25,000 and £100,000 to intermediate; and over £100,000 to multi-track.

Case Management Conference

In multi-track cases, a case management conference is often held.
The conference aims to streamline case management.
Parties complete questionnaires (Directions Questionnaire Forms) to facilitate the conference.
Parties should be represented by someone fully conversant with the case for the conference to be successful.

Costs Management

The court actively manages costs in multi-track cases.
Budgets for both past and future costs are prepared and reviewed (by individuals or lawyers).
Budgets are updated and may be subject to change.

Case Summary

Case summaries are frequently used in multi-track cases
Case Summaries assist the efficient running of the case, and help to identify the issues, relevant facts, and appropriate evidence necessary to prepare for trial.

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