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Case Management Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Case Management document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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CASE MANAGEMENT: ALLOCATION, DIRECTIONS AND SANCTIONS FOR NON-COMPLIANCE

SRELIEF FROM SANCTIONS Y?UNABLE TO

- CPR 28DIRECTIONSFAST TRACK

DIRECTIONS

ALLOCATION - CPR 26

Overriding Objective
Case Management
CPR 1.1 - OVERRIDING OBJECTIVE - To deal with
CPR 3.1 - Court's general powers of management cases justly and at a proportionate cost
CPR 3.3 - Court's power to make an order of its own initiative
CPR 1.2 - Duties of parties to help the court further
CPR 3.4 - Power to strike out the overriding objective
CPR 3.8 - Sanctions (unless defaulting party obtains relief)
CPR 1.4 - Duty of the court to actively manage cases
CPR 3.9 - Summary judgement
Where the claim is defended then, on receipt of the defence, the court provisionally decides the appropriate track for the claim and serves on each party notice of the track allocation;
 Form 149A - Small claims
 Form N149B - Fast track
 Form N149C - Multi-track
The starting point for allocation is financial value:
Small Claims - CPR 27
Fast Track - CPR 28
Multi-track - CPR 29
 £10,000 or less (PI PSLA/  £10,000 - £25,000
 Over £25,000 housing disrepair £1,000  1 day trial
 Complex law/facts or less)
 30 weeks from allocation
 Circuit Judge
 District Judge to trial - standard
 Tailored directions usually given at
 Informal procedure -
directions
CMC which parties' solicitors are limited disclosure, no
 District Judge required to attend witness statements,
 Single joint experts (if any)  Usually no joint expert - each side usually no expert
- no oral expert evidence will have instructed expert(s)
evidence and no Part 36 without permission
 Oral expert evidence offers
 Summary assessment of
 Pre-trial review
 Informal hearings costs post-trial and fixed
 Detailed assessment of costs after
 Fixed costs only orders costs for trial advocate trial
 Notice of proposed allocation triggers the directions questionnaire - Form N181 for the fast/multi-track which is sent to the parties' legal representatives (unless a party is unrepresented)
 Must be completed and filed by the set date (date on the proposed allocation - Form N149B)
 The parties should consult each other and cooperate in completing it
 CPR 26 3(6A) - the date for filing CANNOT be varied by agreement between the parties
PD 28 3.12 - the typical timetable the court may give for preparation of the case:
Disclosure

4 weeks

Exchange of witness statements

10 weeks

Exchange of experts' reports

14 weeks

Sending of pre-trial check lists
(listing questionnaires) by the court

20 weeks

Filing of completed pre-trial check lists

22 weeks

Hearing

30 weeks

PD 28 4.2(2) - the parties can vary directions that the court gives within 14 days
 Seek an extension of time BEFORE the time expires
 CPR 3.8(4) - Ask opponent first
 Apply to court if necessary
There are dates which you cannot extend by consent and require courts permission (return of pre-trial check list CMC/PTR and trial date or window (CPR 28 4 or CPR 29 5)
 CPR 3.8(1) - Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.
 PD 28 5.1 - Where a party has failed to comply with a direction given by the court any other party may apply for an order to enforce compliance or for a sanction to be imposed or both of these
CPR 3.8(1) - on the application for relief from any sanction imposed for a failure to comply with any rule,
practice direction or court order, the court will consider all of the circumstances of the case, so as to enable it to deal justly with the application, including the need -
(a) for litigation to be conducted efficiently and at a proportionate cost
(b) to enforce compliance with rules practice directions and evidence

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