Oxbridge Notes | Case Management

Case Management

CPR 2.11, Time limits may be varied by parties

Unless these Rules or a PD provide otherwise, or court orders otherwise, the time specified by a rule or court for a person to do any act may be varied by the written agreement of the parties.
NB, time limits which cannot be varied by agreement between the parties:
- r3.8 (sanctions have effect unless defaulting power obtains relied)
  - Where court makes an ‘unless order’ the time for complying may NOT be extended by agreement between the parties UNLESS:
  - the time may be extended by prior written agreement of the parties for up to a max of 28 days, provided that any such extension does not put at risk any hearing date.
- r28.4 (variation of case management timetable, fast track);
- r29.5 (variation of case management timetable, multi-track, on parties must apply).

CPR Part 3, The Court’s Case and Costs Management Powers

3.1, Court’s general powers of management

(1) the list of powers in this rule is in addition to any powers given to court by any other rule/PD/enactment/any other powers it has.
(2) except where rules provide otherwise, the court may:

extend or shorten the time for compliance with any rule/PD/court order (even if application for extension is made after the time for compliance has expired)
adjourn or bring forward a hearing;

(bb) require that any proceedings in the High Court be heard by a Divisional Court of the High Court;
1. (3A): where such a direction is made, the proceedings shall be heard by a Divisional Court of the High Court, and not by a single judge.

require a party’s legal rep to attend court;
hold a hearing & receive evidence by telephone or any other method of direct oral communication;
direct that part of any proceedings (eg a counterclaim) be dealt with as separate proceedings;
stay the whole/part of an proceedings or judgment, either generally or until a specified date or event;
consolidate proceedings;
try 2+ claims on the same occasion;
direct a separate trial of any issue;
decide the order in which issues are to be tried;
exclude an issue from consideration;
dismiss or give judgment on a claim after a decision on a preliminary issue;
order any part to file and exchange a costs budget;
take any other step, or make any other order, for the purpose of managing the case and furthering the overriding objective (including hearing an Early Neutral Evaluation with aim of helping the parties settle the case).

(3) When the court makes an order, it may:
- (a) make it subject to conditions (including a condition to pay a sum of money into court); and
- (b) specify the consequences of failure to comply with the order or a condition.
(4) Where the court gives directions, court will take account whether or not a party has complied with 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 that party has, without good reason, failed to comply with a rule/PD/relevant pre-action protocol.
- (6) When exercising this power (to pay sum of money into court), court MUST have regard to:
- (a) the amount in dispute; and
- (b) the costs which the parties have/might incur.
(6A), where a party pays money into court (following an 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): a power of the court under these Rules to make an order includes a power to vary or revoke the order.
(8): the court may contact the parties from time to time to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.

3.1A, Case management – Unrepresented Parties

(1) this rule applies in any proceedings where at least one party is unrepresented.
(2) when exercising any powers of case management, court must have regard to the fact that at least 1 party is unrepresented.
(3) both the parties and the court must, when drafting case management directions in multi-track and fast track, take as their starting point any relevant standard directions found online (justice.gov.uk website) and adapt them as appropriate.
(4) the court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
(5) At any hearing where the court is taking evidence, appropriate procedures may include:
- (a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and
- (b) putting, or causing to be put, to the witness such questions as appear proper to the court.

3.3, Court’s Power to make order of its own initiative

(1) except where a rule/enactment provides otherwise, court may exercise its powers on an application OR of its own initiative [[Part 23 for procedure for making an application.
(2) where the court proposes to make an order of its own initiative:
- (a) it may give any persons likely to be affected by the order an opportunity to make representations; and
- (b) where it does so, it must specify the time by, and manner in which, the representations must be made.
(3) Where the court proposes (a) to make an order of its own initiative and (b) to hold a hearing to decide whether to make the order it must give each party likely to be affected at least 3 DAYS NOTICE of the hearing.
(4) the court may make an order of its own initiative without hearing the parties or giving an opportunity to make representations (5) where the court does so:
- (a) a party affected may apply to have the order set aside, varied or stayed; and
- (b) the order must contain a statement of the right to make an application to set aside/vary/stay.
(6) an application to set aside/vary/stay where order is made without representations under (5)(a), must be made:
- (a) within such period as may be specified by court; or
- (b) if court does not specify, not more than 7 DAYS after date on which the order was served on the...

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Case Management Notes