Unit 6 - Case and Costs Management

The parties may be ordered to exchange cost budgets even if not required by the section, unless the court considers it exceptional.

If all parties agree, the court is likely to order the exchange of cost budgets, unless the court considers this an exceptional situation.

In complex cases, the court can limit budgets to just part of the proceedings initially, and extend them later.

Each cost budget must be signed off by the party's senior legal representative to ensure accuracy and accountability.

Even if a party isn't required to prepare a cost budget (like a litigant in person), they must still be provided with copies of the budgets filed by other parties.

Failing to submit a cost budget when required will result in the court treating the party as having filed a budget consisting solely of court fees.

The court has power to manage the costs incurred by any party in the proceedings, ensuring the litigation is conducted fairly and cost-effectively.

A cost management order records agreed budgeted costs and any revisions made by the court.

The total recoverable costs for budgeting and case management cannot exceed 2% of the total incurred or budgeted costs.

The court can set deadlines and give instructions for future budget review sessions.

After the budget is approved, the party must file and serve the budget again with the updated, approved costs.

The court's focus during a cost management hearing is on the total budget allowed for each phase of the case, not on the hourly rates charged.

A party can update its budget if there are significant changes in the case.

A revised budget must be submitted to other parties for agreement and then to the court.

A hearing specifically held to approve a revised budget is called a costs management conference.

The court always considers the available budgets of the parties and the costs involved in each step of the process.

The court will notify all parties, in writing, when a case has been assigned a specific track, including the complexity band if applicable.

The court can change the allocated track or complexity band; it can do this based on applications, its own initiative, and specific circumstances.

When a claim is on the intermediate track, changes in circumstances which justify a change in complexity band can only happen after directions have been given.

The court has to consider the rules defining the scope of each track in the case management process.

Noise-induced hearing loss, which is not related to a road traffic accident, is classified as a personal injury claim.

Road traffic accident related claims that aren't personal injury claims are still considered eligible for allocation.

Claims involving defended debts, which are not personal injury claims, are eligible for allocation.

Claims involving serious issues of fact or law, such as personal injury claims with disputed liability, are considered complex and can be allocated.

A track for cases that are more complex and require further management in the Civil Trial Centre.

A court that handles less complex cases and sends more complex cases to the Civil Trial Centre.

A specialized court designed for managing more complex legal cases that require a more structured process.

A hearing where the judge decides which track (Fast, Intermediate, or Multi) a case belongs to and sets the next steps.

A document that lists the costs a party expects to incur in a legal case.

When a case is moved from a Feeder Court to a Civil Trial Centre for further management.

A designated judge who can transfer a case to any track, regardless of its current allocation.

Agreed directions should include provisions about disclosure, expert evidence, and trial management, as outlined in specific Practice Direction sections.

The court can impose its own directions without a case management conference, taking into account any steps the parties have already taken.

When the court takes the initiative to give directions without a case management conference, it usually follows a set of guidelines concerning the exchange of expert evidence and disclosure.

The court may order simultaneous exchange of expert reports on liability, but allow sequential exchange of those concerning damages.

If the court plans to make an order under rules 35.7 or 35.15 regarding single expert evidence or appointing an assessor, a case management conference is usually required, unless parties consent in writing.

The court can consider many topics during a case management conference, including clarity of the claim, necessary amendments, required disclosure, expert evidence, factual evidence, clarification arrangements, and split trial options.

The court aims to ensure the claimant clearly presents their claim, including the specific amount sought, so the defendant understands the case they need to answer.

The court can make adjustments to the claim, statement of case, or other documents to ensure accuracy and a smooth flow of proceedings.

The court will prioritize keeping the case on schedule, directing parties to take necessary steps for trial preparation within the shortest possible time.

If a party fails to comply with court directions, the court may impose a sanction, potentially preventing them from presenting certain arguments or evidence.

The court may separate issues ready for trial from those not yet prepared, proceeding with only the ready issues and postponing the rest.

If postponing a trial, the court will do so for the shortest possible time and give directions for immediate action to move the case forward.

The court views postponing a trial as a last resort and may require parties and their lawyers to attend hearings regarding such requests.

Pre-trial check lists (listing questionnaires) are used to guide the preparation of cases for trial and ensure both parties are organized.

Unless the court explicitly waives their use, pre-trial check lists are required and must be filed by the specified date.

The court has flexibility in handling the case, considering the parties' preparation and the specific circumstances of the case.