Unit 6 - Case and Costs Management

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Questions and Answers

What happens if a party fails to file a budget when required?

They will be treated as having filed a budget of only the applicable court fees. (correct)

They are required to resubmit a new budget.

They will incur additional penalties.

The court will automatically approve their costs.

Under what condition can the court make an order to file and exchange costs budgets?

If all parties consent to such an order. (correct)

If the cases are related.

If the costs exceed £1,000.

If one party requests it.

What is the primary purpose of a costs management order (CMO)?

To ensure all budgets are identical.

To approve all incurred costs without revisions.

To allow for unlimited costs throughout the proceedings.

To control the parties' budgets regarding recoverable costs. (correct)

What limitation exists regarding the recoverable costs for completing Precedent H?

They shall not exceed £1,000 or 1% of total incurred costs. Signup and view all the answers

Which of the following statements is true regarding the exchange of budgets with a litigant in person (LIP)?

Each party must provide the LIP with a copy of their budget. Signup and view all the answers

What can the court do regarding costs budgets in substantial cases?

Limit the budgets to part of the proceedings and extend later. Signup and view all the answers

What does a costs management order record concerning budgeted costs that are not agreed upon?

It records the court's approval after appropriate revisions. Signup and view all the answers

What must be included in every budget according to the guidelines?

A statement of truth signed by a senior legal representative. Signup and view all the answers

What is the primary responsibility of a judge at a feeder court regarding a claim allocated to the multi-track?

To allocate the claim to the multi-track and give management directions Signup and view all the answers

When a claim is first issued in or automatically transferred to a Civil Trial Centre, what is the resultant course of action?

It must be allocated and managed at the Civil Trial Centre Signup and view all the answers

What might a judge at a feeder court decide if they believe multiple case management conferences (CMCs) will be needed?

To keep the case at the feeder court temporarily Signup and view all the answers

If a judge at a feeder court decides to transfer a claim for allocation, who ultimately makes the allocation decision?

A judge sitting at the Civil Trial Centre Signup and view all the answers

What must a party do if they wish to change a date fixed by the court for a case management conference?

Apply to the court Signup and view all the answers

What happens if a judge sitting at a feeder court decides an allocation hearing is necessary?

It takes place at the feeder court Signup and view all the answers

What duty does a designated civil judge have concerning transfer orders?

They may order transfers irrespective of the track allocated Signup and view all the answers

Which of the following scenarios illustrates a claim being managed at a feeder court?

A judge decides to keep the case at the feeder court for convenience Signup and view all the answers

Which type of claims are excluded from personal injury claims as defined in the content?

Defended debt claims Signup and view all the answers

What might the court do if a claim has been allocated to the intermediate track?

Reassign it to a different complexity band if circumstances change Signup and view all the answers

Which of the following must occur for reallocation of a claim to different tracks?

There must have been a prior direction regarding the claim Signup and view all the answers

What is required for a court to reassign a claim to a different complexity band?

Change in circumstances since directions were made Signup and view all the answers

Which of the following is NOT specifically listed under personal injury claims?

Claims related to property damage Signup and view all the answers

What must the court provide after allocating a claim to a track?

Notice of allocation to every party Signup and view all the answers

In which scenario can the court decide to reassign a claim?

If there has been a significant change in circumstances Signup and view all the answers

What are examples of noise-induced hearing loss claims categorized as?

Personal injury claims Signup and view all the answers

What is the maximum percentage that recoverable costs of the budgeting and cost management process can exceed?

2% Signup and view all the answers

What must a party do after budgeted costs are approved or agreed?

Re-file and re-serve the budget Signup and view all the answers

Which of the following is NOT the responsibility of the court during the costs management hearing?

Fix hourly rates claimed in the budget Signup and view all the answers

What must the revising party submit if significant developments warrant an upward or downward revision of budgeted costs?

Revised budget and particulars of variation Signup and view all the answers

What is referred to as a 'costs management conference'?

A hearing solely for purpose of cost management Signup and view all the answers

What must the revising party do when serving particulars of the proposed variation?

Confine particulars to additional costs only Signup and view all the answers

When making case management decisions, what will the court take into account?

All available budgets and the costs involved Signup and view all the answers

What must the revising party certify when submitting variations?

Additional costs are not included in any previous budgets Signup and view all the answers

What is the court's approach when it decides to give directions on its own initiative without a case management conference?

It takes into account the agreed directions submitted by the parties. Signup and view all the answers

When can the court order the exchange of expert reports related to liability to be simultaneous?

When it seems expert evidence is necessary for both liability and damages. Signup and view all the answers

Under what condition must the court list a case management conference before making an order under rules 35.7 or 35.15?

When the parties have not consented in writing to the order. Signup and view all the answers

Which of the following topics is NOT typically considered at a case management conference?

The need for public opinion polls. Signup and view all the answers

What aspect does NOT directly relate to the requirements for expert evidence as per the stated practice direction?

The qualifications of the expert witnesses. Signup and view all the answers

What is the main purpose of a case management conference?

To clarify issues and ensure efficient proceedings. Signup and view all the answers

What should be clearly indicated by the claimant during the case management conference?

The specific amount being claimed. Signup and view all the answers

What is a possible benefit of ordering a split trial or preliminary issues at a case management conference?

It can be just and save costs. Signup and view all the answers

What action may the court take if a party fails to comply with directions to prepare the case for trial?

Impose a sanction limiting their ability to contest issues Signup and view all the answers

What is the court's stance on postponing a trial?

It will only postpone as a last resort Signup and view all the answers

What document must be completed prior to trial unless otherwise ordered by the court?

Pre-trial check list (Form N170) Signup and view all the answers

If some issues are ready for trial while others are not, what may the court decide?

To proceed with only the ready issues and impose cost responsibilities Signup and view all the answers

What happens if the court determines a party’s failure to comply with directions is not a good reason for postponement?

The case will proceed as scheduled Signup and view all the answers

What will the court typically do if it has to postpone a trial?

Give directions for necessary steps to be taken rapidly Signup and view all the answers

When fixing a trial date, what will the court specify regarding the completion of pre-trial check lists?

The date for filing must be specified Signup and view all the answers

What does the court consider when determining general approach for trial preparation?

The steps taken by the parties to prepare the case Signup and view all the answers

Study Notes

Case Management Procedures

Peace I leave with you, My peace I give to you; not as the world gives do I give to you. Let not your heart be troubled, neither let it be afraid.” - John 14:37
Procedures for preparing for court
The following rules are relevant for court preparations
CPR 2.11, CPR 3.1; 3.1A; 3.3, 3.12-3.18, PD 3D, paragraphs 3-5 and 12, CPR 26.1, 26.4-26.18, PD 26, paragraphs 14-18, CPR 28.3; 28.7; 28.12; 28.13 and 28.14, CPR 29.1-29.9.
Commentary at 29.3.3, and PD 29, paragraphs 3-10.

Time Limits

Time limits in rules or court orders can be altered by written agreement between parties.
Unless specified otherwise by the rules or a court order, parties can adjust the time period for any action specified.

Case Management

The powers given to the court in this rule are additional to any powers given by other rules or enactments.
The court has the power to shorten / or extend time for compliance with orders.
The court has the power to require party legal representatives to attend court sessions.
The court has the power to hold a hearing, receive evidence, through telephone or other direct communication methods.
Cases can be divided into separate proceedings.
Multiple cases can be tried on the same occasion as one consolidated case.
The court may make orders regarding costs.
The party may incur costs for their participation in court.

Budget Discussion Reports

Parties must file and exchange budgets, except litigants in person.
Litigants in person must file and exchange budgets when the stated claim value is under £50,000, or otherwise not later than 21 days before first CMC.
In any case where a party files and exchanges a budget, other parties must file an agreed budget discussion report no later than 7 days before first CMC.

Cost Management Orders

The court is able to manage the costs for incurred cases.
The court will record agreements on budgeted costs and what costs are not agreed.
The Judge will review costs and make appropriate decisions regarding costs management.
The court will monitor compliance with directions and ensure that responses are made promptly to any inquiries.

Allocation and Assignment Procedures

The Court is to allocate claims into different tracks (e.g. small claims, fast track, intermediate track, multi-track).
Appropriate directions for case management
Allocation process considers financial value, nature of the remedy sought, complexity of law and facts, number of parties, amount of evidence
Allocation process considers the views and circumstances of the parties.
There are specialist tracks for claims relating to Road traffic accident and for specific claims
Directions must be agreed by, or issued by the Court.

Application of Costs Management

The purpose of cost management is for the court to manage steps to be taken and costs incurred by the parties to proceedings to promote the overriding objective.
All Parties except litigants in person must file and exchange budgets.

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Test your knowledge on costs management orders, budgets, and court procedures. This quiz covers essential principles related to costs management in civil litigation, including the implications of failing to file budgets and the responsibilities of judges in managing costs. Perfect for law students and professionals wanting to enhance their understanding of costs management.