A more recent version of these Allocation Case Management Conference notes – written by Cambridge And Oxilp And College Of Law students – is available here.
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Allocation of Cases & Case Management Conference Case Management ("CM") (Civil Lit Book Chapter 9) The Court's Powers
CPR Part 3 gives the court a wide range of case management powers r.3.1(2) sets out the court's general powers r.3.4(2) sets out the Court's specific powers to strike out a party's statement of case?Striking out:
Striking out a Stateme nt of Case and other sanction s (See Sanction s Sheet)
Relief from Sanction s r.3.8 and r.3.9
r.3.4(2) gives the court power to strike out a party's statement of case ("SC") when: r.3.4(2)(a),the SC discloses no reasonable grounds for bringing or defending the claim r.3.4(2)(b); the SC is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings or r.3.4(2)(c) there has been failure to comply with a rule, practice direction or court order (Biguzzi v Rank Leisure)
Sanctions other than striking out: Costs (party at fault pays the other party's costs)Wasted cost order (if party's legal rep. is at fault and caused loss or delay he pays) SCA 1981 s.51Interests (court may alter the interest payable to claimant if he is at fault)The Unless Order = is not strictly a sanction but rather a suspended sanction PD 28 paras 5.1 and 5.2 and PD 29 paras 7.1 and 7.2
1. The court makes an order that unless a party complies with a particular court order or rule,
2. within a specified time,
3. his claim or defence will be struck out if the party subject to an Unless Order does not apply for an extension the Strike Out order will take automatic effect and the case will be Struck Out without further action required CPR PD 3 para 1.9r.3.8(3) Where a Rule, PD or court order requires a party to do something within a specified time, and specifies the consequences of failure to comply, the party in question CANNOT apply for an extension by agreement between the parties.r.3.9(1) when granting a relief the court will consider all the circumstances of the case to enable a just, proportionate and compliant with the rules decision; an application for relief must include explanation as to: a. why the failure occurred b. the extent to which the party has otherwise complied with the rules, PD, court ordersand Pre-action Prot,
c. d. e. f.
whether the failure was caused by the party or its legal rep., whether the trial date can still be met if relief is granted, the effect which the failure to comply has had on each party and, the effect which the granting of relief will have on each party.
Allocation to a Track?
What is it?
When to file??Failure to file?
Scrutinis ing the AQ
(Civil Lit Book Chapter 9 p126)
CPR part 26 deals with the preliminary stage of case management ("CM") when cases are allocated to a particular track. This stage of CM arises where a defence has been filed then, The court serves notice on each party of the proposed allocation. Parties need to fill in the Allocation Questionnaire AQ (AKA Form N150 for fast track and multi-track, Form N149 for small claims and Form N151 if the court must decide amount of claim). Then the parties need to file and answer their Directions Questionnaire ("DQ") (AKA Forms 180/1):
? Small Claims Track cases have 14 days to complete and file their answer DQ (Form N180)
? Fast-track and Multi-Track have 28 days to complete & file their answer DQ (Form N181) Form N180/1's date of filing cannot be changed r.26(6A) Must file your costs estimate with the AQ (Costs PD para 6.4(1)) None of the Parties File:Judge will make an Unless Order ("UO")If AQ then not filed within 7 days of the UO, claim will be struck out (PD 26, para 2.5(1)) One Party has Filed:Court allocates based on available information (if possible)If not possible, an allocation hearing is orderedParty who didn't file is to pay the costs of the one who did on indemnity basis or have their claim/defence struck out (PD 26 para 6.6) T&F NOTE If opponent in a multi-track case has failed to take a step in accordance with the timetable. You should first warn your opponent that you intend to make the application to the court. See PD 29 para 7.2.Always scrutinise you opponent's AQ; in particular, consider: o Part C: whether the pre-action protocols compliance is accurate o Part D: whether we should interview any witnesses named o Part D: what position they have taken with experts and what that means o Part D: whether they have disclosed any electronic documents o Part G: their costs estimate o Part I: if any additional information has been supplied
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