Unit 6 - CMC Reading PDF

To prepare for this unit you should: 1. Read CPR 2.11 2. Read CPR 3.1; 3.1A; 3.3 3. Read 3.12-3.18 4. Read PD 3D, paragraphs 3-5 and 12 (3DPD. 2-5 & 7) 5. Read CPR 26.1, 26.4-26.18 6. PD26, paragraphs 14-18 7. Read CPR 28.3; 28.7; 28.12; 28.13 and 28.14. 8. Read CPR 29.1-29.9 includi...

To prepare for this unit you should: 1. Read CPR 2.11 2. Read CPR 3.1; 3.1A; 3.3 3. Read 3.12-3.18 4. Read PD 3D, paragraphs 3-5 and 12 (3DPD. 2-5 & 7) 5. Read CPR 26.1, 26.4-26.18 6. PD26, paragraphs 14-18 7. Read CPR 28.3; 28.7; 28.12; 28.13 and 28.14. 8. Read CPR 29.1-29.9 including the White Book commentary at 29.3.3 9. PD29, paragraphs 3 - 10. [Time Limits may be varied by parties] 2.11 -- Unless rules or PD provide otherwise/court orders otherwise, the time specified by a rule or by court for a person to do any act, may be varied by the written agreement of the parties. [Case Management ] 3.1 1. The list of powers in this rule is in addition to any powers given to the court by another other rule or PD/enactment 2. Except where rules provide otherwise, the court may: a. Extend or shorten time for compliance with any rule, PD or court order (even if application for extension made after time for compliance has expired b. Adjourn or bring forward a hearing b. Require that any proceedings in HC be heard by Divisional Court of the HC c. Require party/party's legal rep to attend the court d. Hold a hearing and receive evidence by telephone or other method of direct oral communication e. Direct that part of any proceedings (eg. counterclaim) be dealt with as separate proceedings f. Stay whole/part of any proceedings or judgment either generally or until specified date or event g. Consolidate proceedings h. Try two or more claims on same occasion i. Direct a separate trial of any issue j. Decide the order in which issues are to be tried k. Exclude an issue from consideration l. Dismiss or give judgment on claim after a decision on a preliminary issue ll. order any party to file or exchange a costs budget m. Take any other step/make any other order for purpose of managing the case and furthering the overriding objective, including hearing an Early Neutral Evaluation 3. When the court makes an order, it may -- n. Make it subject to conditions, including condition to pay a sum of money to the court, and o. Specify the consequence of failure to comply with the order or condition. 4. Where court gives directions it will consider whether or not partly has complied with the Practice Direction (Pre-Action conduct) and any relevant pre-action protocol. 5. Court may order a party to pay a sum of money into court if they have, without good reason, failed to comply with a rule, practice direction, or relevant pre-action protocol. 6. When exercising power under (5), court must have regard to -- p. Amount in dispute, and q. Costs which parties have incurred or may incur. (6A) Where party pays money into court following order under (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings. 7. Power of court under these Rules to make an order includes a power to vary or revoke the order. 8. Court may contact the parties from time to time in order to monitor compliance with directions. Parties must respond promptly to such enquiries. **[Application of this Section and the purpose of cost management]** 3.12 1. This section and PD apply 3D apply to all Part 7 multi-track cases, except -- a. Where claim commenced on or after 22^nd^ April 2014 and amount claimed on claim form is £10million or more, or b. Claim commenced on or after 22^nd^ April 2014 and is for monetary claim not quantified or non fully quantified, or for a non-monetary claim *and* claim in any such case contains statement that claim is valued at £10 million or more, or c. Where, in proceedings commenced on or after 6^th^ April 2016, a claim is made by/on behalf of a person under 18, or d. Where the proceedings are the subject of fixed costs or scale costs, or e. Court otherwise orders. 2. The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings, so as to further the overriding objective. [Filing and exchanging budgets and budget discussion reports] 3.13 1. Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets -- a. Where stated value of claim on claim form is less than £50,000, with their directions questionnaires, or b. In any other case, not later than 21 days before first CMC. 2. In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first CMC. 3. The court -- c. May order the parties to file and exchange costs budgets in a case where the parties are not otherwise required by this section to do so; d. Shall (other than in exceptional cases) make an order to file and exchange cost budgets if all parties consent to an application for such an order. 4. Court may, in substantial case, direct the budgets to be limited to part only of the proceedings, and extended later to cover the whole proceedings. 5. Every budget must be dated and verified by a statement of truth signed by senior legal rep of party 6. Even though LIP not required to prepare budget, each other party must provide LIP with a copy of that party's budget. [Failure to file a budget ] 3.14 Unless the court otherwise orders, any party which fails to file budget despite being required to do so, will be treated as having filed a budget comprising only the applicable court fees. [Cost Management Orders] 3.15 1. Court may also manage the costs to be incurred (budgeted costs) by any party in the proceedings 2. Court may make a 'costs management order'. Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made.  By a CMO the court will -- a. Record extent to which the budgeted costs are agreed between the parties; b. in respect of the budgeted costs which are not agreed, record the court's approval after making appropriate revisions c. record the extent (if any) to which incurred costs are agreed. 3. If a costs management order has been made, the court will thereafter control the parties' budgets in respect of recoverable costs. 4. Whether or not the court makes a costs management order, it may record on the face of any case management order any comments it has about the incurred costs which are to be taken into account in any subsequent assessment proceedings. 5. Save in exceptional circs -- a. Recoverable costs of initially completing Precedent H (form to be used for a costs budget) shall not exceed the higher of -- i. £1,000; or ii. 1% of total incurred costs (as agreed or allowed on assessment) and budgeted costs (agreed or approved); and b. All other recoverable costs of the budgeting and CM process shall not exceed 2% of the total incurred costs (as agreed or allowed on assessment) and the budgeted (agreed or approved) costs. 6. Court may set timetable/give directions for future budget reviews 7. After budgeted costs approved/agreed, party must re-file and re-serve the budget -- c. In the form approved or agreed with re-cast figures, and d. Annexed to the order approving the budgeted costs/recording the parties' agreement. 8. CMO concerns the totals allowed for each phase of the budget... it is not the role of the court in the costs management hearing to fix or approve the hourly rates claimed in the budget. [Revision and variation of costs budgets on account of significant developments ('variation costs')] 3.15A 1. The revising party must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions. 2. Any revised budget must be submitted promptly to other parties for agreement and subsequently to the court. 3. Revising party must -- a. Serve particulars of the variation proposed on every other party, in form as per PD 3D b. Confine particulars to additional costs occasioned by the significant development; and c. Certify, per the form in PD 3D, that additional costs are not included in any previous budgeted costs or variation. 4. The revising party must submit the particulars of variation promptly to the court, together with the last approved or agreed budget, and with an explanation of the points of difference if they have not been agreed. 5. The court may approve, vary or disallow the proposed variations, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed, or may list a further costs management hearing. [Cost Management Conferences] 3.16 1. Any hearing convened solely for purpose of cost management (eg. to approve revised budget) is referred as a 'costs management conference'. 2. Where practicable, CMCs should be conducted by telephone or in writing. [Court to have regard to budget and to take account of costs] 3.17 1. When making any case management decision, court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step. 2. \(1) applies whether CMO made or not 3. Subject to rule 3.15A, the court - a. May not approve costs incurred up to and included the date of any costs management hearing; but b. May record its comments on those costs & take them into account when considering reasonableness and proportionality of all budgeted costs. [Assessing costs on the standard basis where a cost management order has been made] 3.18 Where CMO has been made, when assessing costs on the standard basis, the court will -- a. Have regard to the receiving party's last approved or agreed budgeted costs for each phase of the proceedings; b. Not depart from such approved or agreed budgeted costs unless satisfied that there is good reason to do so; and c. Take into account any comments made pursuant to rule 3.1594) of 3.17(3) and recorded on the face of the order. 1. Read PD 3D, paragraphs 3-5 and 12 (3DPD. 2-5 & 7) [Documents to be lodged for costs budgeting purposes] 3DPD.2 (3)(A) Save in exceptional circumstances or where the court orders otherwise, the parties are not expected to lodge any documents other than Precedent H and the budget discussion report. (3)(B) Precedent T, is to be used in the event of variation of a budget. 3DPD.3 (4)(A) Unless the court otherwise orders, a budget must be in the form of Precedent H annexed to this PD. Must be landscape with an easily legible typeface. (4)(B) Where party's total costs (incurred and estimated) do not exceed £25,000 or the value of claim, as stated on claim form, is less than £50,000, parties must use only the first page of Precedent H. ((5) In deciding the reasonable and proportionate costs of each phase of the budget the court will have regard to the factors set out at Civil Procedure Rules 44.3(5) and 44.4(3) including a consideration of where and the circumstances in which the work was done as opposed to where the case is heard. [Cost Management Orders] 3DPD.7 ((12) When reviewing budgeted costs, the court will not undertake a detailed assessment in advance, but rather will consider whether the budgeted costs fall within the range of reasonable and proportionate costs. 2. Read CPR 26.1, 26.4-26.18 **[PART 26 -- CASE MANAGEMENT -- PRELIMINARY STAGE]** [Scope of this part ] 26.1 1. This part provides for -- a. Automatic transfer of some defended cases in the HC; b. Circs in which defended cases may be sent from one CC hearing centre to another; and c. Allocation of defended cases to case management tracks and, where applicable, their assignment to a complexity band. [Directions Questionnaire] 26.4 1. Subject to r26.8, if D files a defence -- a. Court officer shall -- i. Provisionally decide the most suitable track ii. Serve notice of proposed allocation on each party, and b. The notice of proposed allocation shall -- iii. Specify any matter to be complied with by date specified in notice; iv. Require parties to file completed directions questionnaire and serve copies on all parties; v. State address of court to which directions questionnaire must be returned; vi. If case appears suitable for fast, immediate, or multi-track, require parties to file proposed directions by the date specified in the notice 2. Court shall serve on any unrepresented party the appropriate directions questionnaire. 3. Where 2 or more D's & at least one files a defence, court shall serve notice (per (1)) c. When all Ds have filed defence; or d. When period for filing of last D has expired Whichever is sooner. 4. If proceedings automatically transferred, the court under which proceedings commenced -- e. Shall serve notice of proposed allocation before proceedings transferred, and f. Shall not transfer proceedings until all parties have complied with notice or time for doing so expired. 5. X 6. If notice served under (1)- g. Each party must file, and serve on all other parties, the documents required by the notice by no later than date specified, and -- *ie must respond to the requirements of the notice 14 days after if SCT, or 28 for the other tracks* h. The date specified must be - vii. Small claims track -- at least 14 days, or viii. Fast, intermediate, or multi-track -- at least 28 days. After the date when it is deemed to be served on the party in question. 7. Date for complying with notice to serve may **[not]** be varied by agreement between the parties. 8. Time when court serves directions questionnaire may be varied by a PD 9. If claim is a claim to which r26.3 applies & party does not comply with notice served by date specified, then -- i. Court shall serve a further notice on that party, requiring them to comply within 7 days; and j. If party fails above\^, the party's statement of case shall be struck out without further order by the court. 10. If claim is a claim to which r26.2 applies, and party does not comply with notice under (1) by date specified, court may make an order such as -- k. Order for directions; l. Order striking out the claim; m. Order striking out defence and entering judgement; or n. Listing case for a case management conference. 11. Where a case has been struck out under paragraph (9)(b) or an order has been made under paragraph (10), a party who was in default shall, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party. [Stay to allow for settlement of the case] 26.5 1. A party may, when filing directions questionnaire, make written request for proceedings to be stayed while the parties try to settle case by ADR or by other means. 2. If all parties request a stay, proceedings shall be stayed for one month. 3. If court otherwise considers stay is appropriate, court may direct that proceedings, either in whole or in part, be stayed for one month, or for period it considers appropriate. 4. Court may extend stay until such date or for such specified period as it considers appropriate. 5. Where court stays proceedings, C mut tell the court if a settlement is reached. 6. If C does not tell court by end of period of stay that settlement reached, court shall give such directions as to the management of the case as it considers appropriate. [Referral to the Mediation Service] 26.6 1. This rule applies to claims started in CC which would normally be allocated to small claims track under r26.9. 2. This rule does not apply to -- a. RTAs, PIs or housing repair claims, or b. Any claim in which any party does not agree to referral to the Mediation service. 3. 'Mediation service' means small claims medication service operated by HM Courts. 4. Where all parties indicate on their directions questionnaire that they agree to mediation, the claim shall be referred to the Mediation Service. 5. If a claim to which this rule applies is settled, the proceedings shall automatically be stayed with permission to apply for -- c. Judgment for unpaid balance of outstanding sum of the settlement agreement, or d. The claim to be restored for hearing of the full amount claimed, Unless the parties have agreed the claim is to be discontinued or dismissed. [Allocation and Assignment] 26.7 1. Subject to r26.8, court shall allocate the claim to a track and, where applicable, assign to a complexity band -- a. After all parties filed directions questionnaires, or b. When giving directions pursuant to rule 26.4(1). 2. If the court has stayed the proceedings under rule 26.5, it shall allocate the claim to a track and, where applicable, assign it to a complexity band at the end of the period of the stay. 3. If -- c. A claim is referred to mediation service, and d. Court has not been notified in writing that settlement has been agreed, The claim shall be allocated to a track and, where applicable, assigned to a complexity band, no later than four weeks from the date on which last questionnaire is filed. 4. Before deciding track or complexity band, or whether to give directions for allocation hearing or an assignment hearing to be fixed -- the court may order a party to provide further information about his case. 5. Court may hold allocation or assignment hearing if it thinks necessary. 6. If a party fails to file questionnaire, court may give any direction it considers appropriate. [Proceedings under Practice Direction 27B] 26.8 1. This rule applies where -- a. Parties have followed PAP for PI claims below small claims limit in RTAs, and b. Proceedings started under PD27B 2. Subject to para (3), where this rule applies, the claim shall be treated as allocated to small claims track when rules 26.4, 26.5 and 26.7 shall not apply. 3. Where claim started/continued under PD27B -- c. The appropriate court form states that -- i. Amount of claim is +£10,000, or ii. Claim for PI Damages is more than £5,000, or iii. Rule 26.10 applies A court officer must refer the claim to a judge for allocation to a track and to give directions. **[Scope of each track]** 26.9 1. Small claims track is the normal track for -- a. Any claim for personal injuries where -- i. Value of claim is not more than £10,000, and ii. Value of any claim for damages for PI is not more than -- aa. £5,000 in a claim for PI arising from RTA bb. £1,000 in claim for PI arising from RTA, in any of the circs arising by r26.10, or cc.. £1,500 in any other claim for PI. b. Any claim which includes claim by tenant of residential premises against landlord where -- iii. Tenant is seeking an order requiring landlord to carry out repairs or other work to premises; iv. Cost of the repairs or other work to premises estimated not more than £1,000, and v. Value of any other claim for damages is not more than £1,000, and c. In relation claims under the Renting Homes (Wales) Act 2016... 2. Per para (1) 'damages for personal injury' means damages claimed as compensation for pain, suffering and loss of amenity -- does not include any other damages claimed. 3. RTA means... 4. Subject to para (1), SCT is normal track for claim with value of not more than £10,000. 5. Subject to paras (6) and (10), the fast track is normal track for any claim -- d. For which the SCT is not the not the normal track; and e. Which -- vi. Is claim for monetary relief, value of which is not more than £25,000; vii. The claim meets criteria in para (6)(a) and (b), and viii. Court satisfied that it is in the interests of justice for it be allocated to the fast track. 6. Fast track is normal track for the claims referred to in para (5) on of court considers that -- f. Trial likely to last for not longer than one day, and g. Oral expert evidence is likely to be limited to -- ix. One expert per party in relation to any expert field, and x. Expert evidence in two expert fields. 7. Subject to paras (8), (9), and (10), the intermediate track is the normal track where -- h. Claim is suitable for neither the SCT or FT; i. Claim monetary value not more than £100,000; j. Court considers that -- xi. If case managed proportionately, trial will not last longer than three days; xii. Oral expert evidence likely to limited to two experts per party; xiii. Claim may be justly and proportionately managed under the procedure per Section IV Part 28; and xiv. There are no additional factors, which would make claim inappropriate for intermediate track; and k. The claim is brought by one claimant against one or two Ds, or two Cs against one D. 8. Where relief sought = non-monetary, claim should not be in IT unless court considers it in the interests of justice to do so. 9. X 10. A claim **must** be allocated to the multi-track where claim is -- l. A mesothelioma claim or asbestos lung disease claim; m. One which includes claim for clinical negligence, unless - xv. Claim is one normally allocatable to immediate track xvi. Has been admission of liability in full ie. D accepts C suffered loss, including the injury set out in letter of claim under PAP for resolution of Clinical Disputes, caused by D's breach of duty of care; and xvii. Admission under para (ii) is made in D's letter of response provided in accordance with the PAP for resolution of Clinical Disputes, n. A claim for damages relating to harm, abuse or neglect of or by children or vulnerable adults; o. Claim is one court could order to be tried by jury... p. Claim against police which which includes claim for -- xviii. Intentional or reckless tort, or xix. Relief of remedy in relation to breach of HRA 1988, or q. Claim against public authority for trespass to person, unless, having regard to matters under r26.13(1), court considers it would not be in the interests of justice to do so. 11. (10)(e) does not apply to -- r. RTA Claim from negligent police driving s. Employer's liability claim t. Other claim for accidental fall on police premises [Road traffic accident-related personal injury claims] 26.10 The circumstances referred to in rule 26.9(1)(a)(ii)(bb) are--- **(a)** the accident occurred before 31st May 2021; **(b)** unless rule 26.11 applies, on the date that proceedings are started, the claimant is--- **(c)** when the accident occurred, the claimant was--- **(d)** unless rule 26.11 applies, on the date that proceedings are started--- Rule 26.10 sets out the exceptions to the increase for small claims track cases to £5,000 for damages for personal injuries as part of a road traffic accident claim. The limit of £1,000 for damages for personal injuries arising from a road traffic accident to fall within the small claims track (see [r.26.9(1)(a)(ii)(bb)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255457&pubNum=121175&originatingDoc=I29886CA05EA711EE8A40E1C21BE627EC&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=96308a28daf7452bb66ca22f2778e4d9&contextData=(sc.Category))) remains for the following categories. [Children and Protected Parties] 26.11 **(1)** The fast track is the normal track where a claim--- **(c)** consists of, or includes, a claim for a whiplash injury. **(2)** Where this rule applies, the claim must not be allocated to the small claims track. [ALLOCATION -- General ] 26.12 1. In considering whether to allocate a claim to the normal track for that claim under rules 26.9, 26.10 or 26.11 , the court shall have regard to the matters mentioned in rule 26.13(1). **(2)** The court must not allocate a claim to the small claims track, if it includes a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment or unlawful eviction. [Matters relevant to allocation to a track] 26.13 **(1)** When deciding the track for a claim, the matters to which the court shall have regard include--- **(2)** It is for the court to assess the financial value of a claim and in doing so it shall disregard--- **(3)** Where--- [Assignment within the fast track and the intermediate track] 26.14 1. When a claim is allocated to the fast track or intermediate track, court must also assign claim to a complexity band, unless Section VIII or part 45 applies. 2. In tables 1 and 2, complexity bands 1-4 = ascending scale of allowable costs commensurate with the complexity of the claim. 3. Complexity band to which claim is assigned shall determine the costs allowed under Table 12 or 14 of PD 45. 4. Subject to (5), parties may agree complexity band to which claim is assigned. 5. Court may direct that a claim be assigned to a different complexity band than agreed, but shall have regard to factors under r26.13(1). 6. Party must state on their directions questionnaire -- a. Agreed complexity band, or b. Where parties disagree, complexity band considered appropriate by that party + relevant information to support. [Assignment within the fast track] 26.15 Unless claim is one for noise induced hearing loss, complexity band to which claim will be assigned in fast track is set out at: [Table 1] +-----------------+-----------------+-----------------+-----------------+ | Complexity Band | Complexity Band | Complexity Band | Complexity Band | | 1 | 2 | 3 | 4 | +=================+=================+=================+=================+ | \(a) road | \(a) road | \(a) road | (a) employer\'s | | traffic | traffic | traffic | liability | | accident | accident | accident | disease claims | | related, | related, | related, | (other than a | | non-personal | personal | personal | claim for noise | | injury | injury claims | injury claims | induced hearing | | claims; and | which are or | to which the | loss); | | | should have | RTA Protocol | | | \(b) defended | been started | does not | \(b) complex | | debt claims | under the RTA | apply; | possession | | | Protocol; and | | and housing | | | | (b) employer\'s | disrepair | | | \(b) personal | liability | claims; | | | injury claims | (accident) and | | | | to which the | public | \(c) property | | | Pre-action | liability | and building | | | Protocol for | personal injury | disputes; | | | Resolution of | claims; | | | | Package | | (d) | | | Travel Claims | (c) possession | professional | | | apply | claims; | negligence | | | | | claims; and | | | | \(d) housing | | | | | disrepair | \(e) any claim | | | | claims; and | which would | | | | | normally be | | | | \(e) other | allocated to | | | | claims for a | the fast | | | | sum of money, | track, but is | | | | whether the | nonetheless | | | | sum is | complex | | | | specified or | | | | | unspecified, | | | | | except claims | | | | | that fall | | | | | under | | | | | complexity | | | | | band 1(b) | | +-----------------+-----------------+-----------------+-----------------+ [Assignment within the intermediate track] 26.16 +-----------------+-----------------+-----------------+-----------------+ | Complexity Band | Complexity Band | Complexity Band | Complexity Band | | 1 | 2 | 3 | 4 | +=================+=================+=================+=================+ | Any claim | Any less | Any more | Any claim which | | where--- | complex claim | complex claim | would normally | | | where more than | where more than | be allocated to | | \(a) only one | one issue is in | one issue is in | the | | issue is in | dispute, | dispute, **but | intermediate | | dispute; and | including | which is | track, but | | | personal injury | unsuitable for | which is | | \(b) the trial | accident claims | assignment to | unsuitable for | | is not | where liability | complexity band | assignment to | | expected to | and quantum are | 2,** including | complexity | | last longer | in dispute. | noise induced | bands 1 to 3, | | than one day, | | hearing loss | including any | | including--- | | and other | personal injury | | | | employer\'s | claim where | | *(i) personal | | liability | there are | | injury claims | | disease claims. | serious issues | | where liability | | | of fact or law. | | or quantum is | | | | | in dispute;* | | | | | | | | | | *(ii) \[road | | | | | traffic | | | | | accident | | | | | related, | | | | | non-personal | | | | | injury | | | | | claims\]; and * | | | | | | | | | | *(iii) defended | | | | | debt claims* | | | | +-----------------+-----------------+-----------------+-----------------+ [Notice of allocation and assignment] 26.17 When it has allocated a claim to a track, the court shall serve notice of allocation and, where applicable, assignment on every party. [Re-allocation and Re-assignment] 26.18 1. Subject to para (2) and (3), court may on application or on its own initiative subsequently -- a. Reallocate claim to different track, or b. Reassign claim to different complexity band. 2. Where -- c. A claim is allocated to intermediate track, and d. Directions in respect of claim have been given, 3. The court may only re-assign to different complexity band, where -- e. There has been a change in circs since direction was made, and f. Court decides the change in circumstances justifies reassignment. **[PRACTICE DIRECTION 26 -- CASE MANAGEMENT - PRELIMINARY STAGE ]** 3. PD26, paragraphs 14-18 [Allocation and Assignment Principles ] 26PD.14 1. Rule 26.9 on scope of each track. 2. Rule 26.12 on general rule for allocation. 3. Rule 26.13 matters relevant to allocation to track/complexity band. 4. Paras (5) -- (10) explain court's general approach to some matters in r26.13. 5. Rule 26.13(2) provides it is for court to assess the financial value of a claim. 6. Where court believes amount the C is seeking exceeds what they may reasonably be expected to recover it make order under r26.7(40 directing the C to justify that amount. 7. In deciding, for purposes of r26.13(2)(a), whether an amount is in dispute the court will apply the following general principles -- a. Any amount for which the D does not admit liability is in dispute; b. Any sum in respect of an item forming part of the claim for which judgment has been entered, is not in dispute; and c. Any sum offered by D, accepted by C, in satisfaction of any item which forms a distinct part of claim is not in dispute. 8. It follows from sub-paragraph (7) that if, for a claim above SCT £10,000 limit, D makes -- before allocation -- an admission that reduces amount in dispute to below £10,000, the normal track will be small claims track. 9. The court will treat the views expressed by the parties as an important factor, but decisions on allocation and assignment are for the court, to be taken in the light of all the circumstances, and the court will not be bound by any agreement or common view of the parties. 10. Where the case involves more than one money claim (for example where there is an additional claim or there is more than one claimant each making separate claims) the court will not generally aggregate the claims. Instead, it will generally regard the largest of them as determining the financial value of the claims. [The SMALL CLAIMS TRACK -- Allocation and case management ] 26.PD.15 1. Small claims track is intended to provide proportionate procedure for straightforward claims with financial value of not more than £10,000 to be decided, without need for substantial pre-hearing prep etc. 2. The procedure laid down in Part 27 for the preparation of the case and the conduct of the hearing are designed to make it possible for a litigant to conduct their own case without legal representation if they wish. 3. Cases suitable for small claims track will include: consumer disputes, accident claims, dispute about ownership etc. 4. Dishonesty allegations that are disputed = not usually suitable for SCT. 5. Court may allocate to the SCT a claim, the value of which is above r26.9(1). The court will not normally allow more than one day for hearing such a claim. 6. Directions for case management of claims allocated to SCT will generally be given by the court on allocation. [The Fast Track -- allocation and case management ] 26PD.16 1. Where court is decision whether to allocate to FT a claim for which FT is the normal track, it will allocate claim to FT unless it believes it cannot be dealt with justly on that track. 2. Court will, in particular, take into account the limits likely to be placed on disclosure, the extent to which expert evidence may be necessary and whether trial likely to last more than a day. 3. a. When it is considering the likely length of trial, court will regard a day as being a period of 4 hour, and consider that is likely to be sufficient for case to be heard; b. Court will also take into account case management directions likely to be given and the court's powers to control evidence and to limit cross-examination; c. Subject to para (3), possibility of trial lasting longer than one day is not necessarily a conclusive reason for court to allocate or to re-allocate a claim to IT or MT; d. Claim may be allocated to FT or ordered to remain on the track although there is a split trial; e. Where case involves a counterclaim or additional claim being tried with the claim, and as a the trial will last more than one day, the court may not allocate it to the fast track. 4. Directions for the case management of claims which have been allocated to the fast track will be given at the allocation stage or at the listing stage (in either case with or without a hearing) or at both or and if necessary at other times. [The Intermediate Track -- Allocation and case management] 26PD.17 1. Part 26 (especially 26.9(7) to (11), 26.12 and 26.13) make provision regarding the allocation of claims to the intermediate track. 2. Part 28 and PD28 make provision regarding the case management of claims allocated to the intermediate track. [The Multi-track -- Venue for allocation and case management ] 26PD.18 1. Sub-paras (2) to (13) do not apply to -- a. Claim for possession of land, b. Renting Homes possession claim, c. Any claim by RCJ. 2. Case management of a claim which is allocated to multi-track will normally be dealt with at Civil Trial Centre. 3. In the case of a claim to which any of Parts 49 or 58 to 62 apply, case management must be dealt with at a Civil Trial Centre. 4. Where a claim is issued in or automatically transferred to a Civil Trial Centre it will be allocated and managed at that court. 5. The following sub-paragraphs apply to a claim which is issued in or automatically transferred to a court which is not a Civil Trial Centre. Such a court is referred to as a 'feeder court' 6. Where a judge sitting at a feeder court decides, on the basis of the directions questionnaires and any other documents filed by the parties, that the claim should be dealt with on the multi-track they will normally make an order--- d. Allocating the claim to that track; e. Giving case management directions; and f. Transferring the claim to a Civil Trial Centre. 7. If judge decides allocation hearing or some pre-allocation hearing is to take place, that hearing takes place at the feeder court. 8. If, before allocation, a hearing takes place at a feeder court and in exercising their powers under paragraph 5.(a) above the judge allocates the claim to the multi-track, they will also normally make an order transferring the claim to a Civil Trial Centre. 9. A judge sitting at a feeder court may, rather than making an allocation order himself, transfer the claim to a Civil Trial Centre for the decision about allocation to be taken there. 10. When, following an order for transfer, the file is received at the Civil Trial Centre, a judge sitting at that Centre will consider it and give any further directions that appear necessary or desirable. 11. Where there is reason to believe more than one CMC may be needed and parties/legal located inconveniently far from Civil Trial Centre, the judge may agree that it should not be transferred to a CTC and it can be managed for the time being at the feeder court. 12. Designated civil judge may at any time order to transfer the claim, irrespective of track, if any, to which it has been allocated. 4. Read CPR 28.3; 28.7; 28.12; 28.13 and 28.14. **[PART 28 -- THE FAST TRACK AND THE INTERMEDIATE TRACK ]** [Variation of Case Management timetable]. 28.3 1. Party must apply to court if they wish to vary any date the court has fixed for -- a. Any case management conference b. Any pre-trail review c. Filing the pre-trial checklist d. The trial e. The trial period. 2. Any date set by the court or these Rules, may not be varied by parties if variation would make it necessary to vary any of the dates in para (1). [Directions] 28.7 1. The matters to be dealt with by directions under rule 28.2(1) include--- f. disclosure of documents; g. service of witness statements; h. expert evidence; and i. whether to order or encourage the parties to engage in alternative dispute resolution. 2. Directions given under r28.2(1) shall be in form set out at http://www.justice.gov.uk/courts/procedure-rules/civil, unless the court orders otherwise. [Case Management Conference] 28.12 The court may fix a CMC and may fix a pre-trial review. [Agreement of directions] 28.13 The parties must endeavour to agree appropriate directions for the management of the proceedings and submit agreed directions, or their respective proposals to the court at least seven days before any case management conference. Where the court approves agreed directions, or issues its own directions, the parties shall be so notified by the court and the case management conference will be vacated accordingly. [Directions] 28.14 1. Matter to be dealt with by directions under r28.2(1) include -- a. Disclosure of documents b. Expert evidence c. Whether to fix pre-trial review d. Listing the case for trial, and e. Whether to order or encourage parties to engage in ADR. 2. The following provisions apply in respect of directions in the immediate track -- f. Oral expert evidence limited to one witness per party, save where oral expert of second expert for any party is reasonably required and is proportionate, and g. Trial time estimate must not exceed 3 days. 3. The following provisions apply in respect of directions in the intermediate track, unless the court orders otherwise -- h. \[omitted\] i. Total length of all the permitted witness statements and witness summaries of a party shall not exceed 30 pages, and j. Any expert report shall not exceed 20 pages. 5. Read CPR 29.1-29.9 including the White Book commentary at 29.3.3 [Scope of this Part] 29.1 1. This part contains general provisions about management of cases allocated to the multi-track. 2. When drafting case management directions both the parties and the court should take as their starting point any relevant model directions and standard directions... adapting them as appropriate to the circumstances of the case. [Case Management] 29.2 1. When it allocates a case to MT, the court will -- a. Give directions for the management of the case and set timetable for steps between giving directions and the trial, or may b. Fix -- i. A CMC ii. A pre-trial review 2. Court will fix the trial date or period in which trial will take place as soon as practicable. 3. When court fixes trial date/period, it will -- c. Give notice to the parties of the date or period, and d. Specify the day by which parties must file a pre-trial checklist. [Case management conference and pre-trial review] 29.3 1. The court may fix -- a. A CMC, or b. Pre-trial review At any time after claim has been allocated. 2. If party has legal rep, a rep -- c. Familiar with the case, and d. With sufficient authority to deal with any issues that are likely to arise, must attend CMCs and PTRs. [Steps taken by the parties] 29.4 The parties must endeavour to agree appropriate directions for the management of the proceedings and submit agreed directions, or their respective proposals to the court at least seven days before any case management conference. Where the court approves agreed directions, or issues its own directions, the parties will be so notified by the court and the case management conference will be vacated. [Variation of case management timetable] 29.5 1. Party must apply to court if they wish to vary any date the court has fixed for -- a. Any case management conference b. Any pre-trail review c. Filing the pre-trial checklist d. The trial e. The trial period. 2. Any date set by the court or these Rules, may not be varied by parties if variation would make it necessary to vary any of the dates in para (1). [Pre-trial check list (listing questionnaire)] 29.6 1. Court will send the parties a pre-trial checklist for completion and return by the date specified in direction (unless it decides checklist not necessary). 2. Each party must file completed pre-trial checklist by specified date. 3. If no party files the completed pre-trial check list by the date specified, the court will order that unless a completed pre-trial check list is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court. 4. If -- a. Party files completed PTCL but another party does not, b. A party has failed to give info required by PTCL, or c. Court considers a hearing is necessary to enable it to decide what directions to give in order to complete preparation of case for trial, [Pre-trial review] 29.7 If, on receipt of pre-trial checklists, the court decides -- a. To hold pre-trial review, or b. To cancel PTR already fixed, It will serve notice of decision at least 7 days before date fixing for hearing or hearing to be cancelled. [Setting a trial timetable and confirming the trial date or week] 29.8 As soon as practicable after -- a. Each party has filed a completed Pre-trial checklist b. The court has held listing hearing, or c. Court has held pre-trial review. The court will -- i. Set timetable for trial unless already fixed or court considers it inappropriate to do so. ii. Confirm date for trial or trial period, and iii. Notify the parties of trial timetable & date/period. [Conduct of trial] 29.9 Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made. 6. PD29, paragraphs 3 - 10. **[PD29: Case Management---General Provisions]** **29PD 3.1** **29PD 3.2** The hallmarks of the multi-track are---  **29PD 3.3** **29PD 3.4** The court may give or vary directions at any hearing which may take place on the application of a party or of its own initiative. **29PD 3.5** When any hearing has been fixed it is the duty of the parties to consider what directions the court should be asked to give and to make any application that may be appropriate to be dealt with then. **29PD 3.6** The court will hold a hearing to give directions whenever it appears necessary or desirable to do so, and where this happens because of the default of a party or his legal representative it will usually impose a sanction. **29PD 3.7** When the court fixes a hearing to give directions it will give the parties at least 3 days' notice of the hearing unless rule 29.7 applies (7 days' notice to be given in the case of a pre-trial review). **29PD 3.8** Where a party needs to apply for a direction of a kind not included in the case management timetable which has been set (for example to amend his statement of case or for further information to be given by another party) he must do so as soon as possible so as to minimise the need to change that timetable. **3.10** **[Case Management---consideration of periodical payments]** **3A** Attention is drawn to Practice Direction 41B supplementing Part 41 and in particular to the direction that in a personal injury claim the court should consider and indicate to the parties as soon as practicable whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages for future pecuniary loss. **[Directions on Allocation]** **29PD 4.2** The court will seek to tailor its directions to the needs of the case and the steps which the parties have already taken to prepare the case of which it is aware. In particular it will have regard to the extent to which Practice Direction (Pre-Action Conduct) or any pre-action protocol has or (as the case may be) has not been complied with. **29PD 4.3** At this stage the court's first concern will be to ensure that the issues between the parties are identified and that the necessary evidence is prepared and disclosed. **4.4** The court may have regard to any document filed by a party with his directions questionnaire containing further information provided that the document states either that its contents has been agreed with every other party or that it has been served on every other party, and when it was served. **29PD 4.5** On the allocation of a claim to the multi-track the court will consider whether it is desirable or necessary to hold a case management conference straight away, or whether it is appropriate instead to give directions on its own initiative. **29PD 4.6** Attention is drawn to rule 29.4, which provides that parties must endeavour to agree appropriate directions for the management of the proceedings, and requires the agreed directions or proposals to be submitted to the court within a specified time period. **29PD 4.7** - (4)The provision in (1)(d) about expert evidence may be to the effect that none is required. **29PD 4.8** Directions agreed by the parties should also where appropriate contain provisions about---  (see paragraphs 6, 7 and 9 of Practice Direction 35) **29PD 4.9** If the court does not approve the agreed directions filed by the parties but decides that it will give directions of its own initiative without fixing a case management conference, it will take them into account in deciding what directions to give. **29PD 4.10** Where the court is to give directions on its own initiative without holding a case management conference and it is not aware of any steps taken by the parties other than the exchange of statements of case, its general approach will be---  **29PD 4.11** If it appears that expert evidence will be required both on issues of liability and on the amount of damages, the court may direct that the exchange of those reports that relate to liability will be exchanged simultaneously but that those relating to the amount of damages will be exchanged sequentially. **29PD 4.12** **29PD 4.13** Where the court is proposing on its own initiative to make an order under rule 35.7 (which gives the court power to direct that evidence on a particular issue is to be given by a single expert) or under rule 35.15 (which gives the court power to appoint an assessor), the court must, unless the parties have consented in writing to the order, list a case management conference. **Case Management Conferences** **29PD 5.1** The court will at any case management conference---  **29PD 5.2** **29PD 5.3** The **topics** the court will consider at a case management conference are likely to include---  1. whether the claimant has made clear the claim he is bringing, in particular the amount he is claiming, so that the other party can understand the case he has to meet, 2. whether any amendments are required to the claim, a statement of case or any other document, 3. what disclosure of documents, if any, is necessary, 4. what expert evidence is reasonably required in accordance with rule 35.1 and how and when that evidence should be obtained and disclosed, 5. what factual evidence should be disclosed, 6. what arrangements should be made about the giving of clarification or further information and the putting of questions to experts, and 7. whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues. **29PD 5.4** In all cases the court will set a timetable for the steps it decides are necessary to be taken. These steps may include the holding of a case management conference or a pre-trial review, and the court will be alert to perform its duty to fix a trial date or period as soon as it can. **29PD 5.5** **29PD 5.6** To assist the court, the parties and their legal advisers should---  1. ensure that all documents that the court is likely to ask to see (including witness statements and experts' reports) are brought to the hearing, 2. consider whether the parties should attend, 3. consider whether a case summary will be useful, and 4. consider what orders each wishes to be made and give notice of them to the other parties. **29PD 5.7** - (1)A case summary---  a. should be designed to assist the court to understand and deal with the questions before it, b. should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them, c. should not normally exceed 500 words in length, and d. should be prepared by the claimant and agreed with the other parties if possible. **29PD 5.8** **29PD 5.9** At a case management conference the court may also consider whether the case ought to be tried by a High Court Judge or by a judge who specialises in that type of claim and how that question will be decided. In that case the claim may need to be transferred to another court. **Variation of Directions** **29PD 6.1** This paragraph deals with the procedure to be adopted---  1. where a party is dissatisfied with a direction given by the court, 2. where the parties have agreed about changes they wish made to the directions given, or 3. where a party wishes to apply to vary a direction. **29PD 6.2** 1. It is essential that any party who wishes to have a direction varied takes steps to do so as soon as possible. 2. The court will assume for the purposes of any later application that a party who did not appeal, and who made no application to vary within 14 days of service of the order containing the directions, was content that they were correct in the circumstances then existing. **29PD 6.3** 1. Where a party is dissatisfied with a direction given or other order made by the court he may appeal or apply to the court for it to reconsider its decision. 2. Unless paragraph 6.4 applies, a party should appeal if the direction was given or the order was made at a hearing at which he was present, or of which he had due notice. 3. In any other case he should apply to the court to reconsider its decision. 4. If an application is made for the court to reconsider its decision---  a. it will usually be heard by the judge who gave the directions or another judge of the same level, b. the court will give all parties at least 3 days' notice of the hearing, and c. the court may confirm its directions or make a different order. **29PD 6.4** Where there has been a change in the circumstances since the order was made the court may set aside or vary a direction it has given. It may do so on application or on its own initiative. **29PD 6.5** Where the parties agree about changes they wish made to the directions given---  1. If rule 2.11 (variation by agreement of a date set by the court for doing any act other than those stated in the note to that rule), rule 3.8(4) (extensions of time by written agreement in circumstances within rule 3.8(3)) or rule 31.5, 31.10(8) or 31.13 (agreements about disclosure) applies the parties need not file the written agreement. a. In any other case the parties must apply for an order by consent. b. The parties must file a draft of the order sought and an agreed statement of the reasons why the variation is sought. c. The court may make an order in the agreed terms or in other terms without a hearing, but it may direct that a hearing is to be listed. **Failure to Comply with Case Management Directions** **29PD 7.1** Where a party fails to comply with a direction given by the court any other party may apply for an order that he must do so or for a sanction to be imposed or both of these. **29PD 7.2** The party entitled to apply for such an order must do so without delay but should first warn the other party of his intention to do so. **29PD 7.3** The court may take any such delay into account when it decides whether to make an order imposing a sanction or to grant relief from a sanction imposed by the rules or any other practice direction. **29PD 7.4** 1. The court will not allow a failure to comply with directions to lead to the postponement of the trial unless the circumstances are exceptional. 2. If it is practical to do so the court will exercise its powers in a manner that enables the case to come on for trial on the date or within the period previously set. 3. In particular the court will assess what steps each party should take to prepare the case for trial, direct that those steps are taken in the shortest possible time and impose a sanction for non-compliance. Such a sanction may, for example, deprive a party of the right to raise or contest an issue or to rely on evidence to which the direction relates. 4. Where it appears that one or more issues are or can be made ready for trial at the time fixed while others cannot, the court may direct that the trial will proceed on the issues which are then ready, and direct that no costs will be allowed for any later trial of the remaining issues or that those costs will be paid by the party in default. 5. Where the court has no option but to postpone the trial it will do so for the shortest possible time and will give directions for the taking of the necessary steps in the meantime as rapidly as possible. 6. Litigants and lawyers must be in no doubt that the court will regard the postponement of a trial as an order of last resort. Where it appears inevitable the court may exercise its power to require a party as well as his legal representative to attend court at the hearing where such an order is to be sought. 7. The court will not postpone any other hearing without a very good reason, and for that purpose the failure of a party to comply on time with directions previously given will not be treated as a good reason. **Pre-trial Check Lists (Listing Questionnaires)** **29PD 8.1** 1. The pre-trial check list (listing questionnaire) will be in Form **N170**. 2. Unless it dispenses with pre-trial check lists and orders an early trial on a fixed date, the court will specify the date for filing completed pre-trial check lists when it fixes the trial date or trial period under rule 29.2(2). **29PD 8.2** The court's general approach will be as set out in the following paragraphs. The court may however decide to make other orders, and in particular the court will take into account the steps, if any, of which it is aware which the parties have taken to prepare the case for trial. **29PD 8.3** 1. Where no party files a pre-trial check list the court will order that **unless** a completed pre-trial check list is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court. 2. Where a party files a pre-trial check list but another party (the defaulting party) does not do so, the court will fix a hearing under rule 29.6(4). Whether or not the defaulting party attends the hearing, the court will normally fix or confirm the trial date and make other orders about the steps to be taken to prepare the case for trial. **29PD 8.4** Where the court decides to hold a hearing under rule 29.6(4) the court will fix a date which is as early as possible and the parties will be given at least 3 days' notice of the date. **29PD 8.5** Where the court decides to hold a pre-trial review (whether or not this is in addition to a hearing under rule 29.6(4)) the court will give the parties at least 7 days' notice of the date. **[Directions the Court will give on Listing]** [Directions the court must give] **29PD 9.1** The court must fix the trial date or week, give a time estimate and fix the place of trial. [Other directions] **29PD 9.2** 1. The parties should seek to agree directions and may file an agreed order. The court may make an order in those terms or it may make a different order. 2. Agreed directions should include provision about---  a. evidence especially expert evidence, b. a trial timetable and time estimate, c. the preparation of a trial bundle, and d. any other matter needed to prepare the case for trial. 3. The court will include such of these provisions as are appropriate in any order that it may make, whether or not the parties have filed agreed directions. 4. Unless a direction doing so has been given before, a direction giving permission to use expert evidence will say whether it gives permission to use oral evidence or reports or both and will name the experts concerned. **29PD 9.3** The principles set out in paragraph 6 of this Practice Direction about variation of directions applies equally to directions given at this stage. **[The Trial]** **29PD 10.1** The trial will normally take place at a Civil Trial Centre but it may be at another court if it is appropriate having regard to the needs of the parties and the availability of court resources. **29PD 10.2** The judge will generally have read the papers in the trial bundle and may dispense with an opening address. **29PD 10.3** The judge may confirm or vary any timetable given previously, or if none has been given set his own. **29PD 10.4** Attention is drawn to the provisions in Part 32 and the following parts of the Rules about evidence, and in particular---  - (1)to rule 32.1 (court's power to control evidence and to restrict cross-examination), and - (2)to rule 32.5(2) statements and reports to stand as evidence in chief. **29PD 10.5** In an appropriate case the judge may summarily assess costs in accordance with rule 44.6. Attention is drawn to the practice directions about costs and the steps the parties are required to take. **29PD 10.6** Once the trial of a multi-track claim has begun, the judge will normally sit on consecutive court days until it has been concluded.