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LPC Law Notes Civil Litigation Notes

Case Management Notes

Updated Case Management Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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

Overriding Objective

CPR 1.1OVERRIDING OBJECTIVE – To deal with cases justly and at a proportionate cost

CPR 1.2 – Duties of parties to help the court further the overriding objective

CPR 1.4 – Duty of the court to actively manage cases

Case Management

CPR 3.1 – Court’s general powers of management

CPR 3.3 – Court’s power to make an order of its own initiative

CPR 3.4 – Power to strike out

CPR 3.8 – Sanctions (unless defaulting party obtains relief)

CPR 3.9 – Summary judgement

ALLOCATION – CPR 26

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/housing disrepair 1,000 or less)

  • District Judge

  • Informal procedure – limited disclosure, no witness statements, usually no expert evidence and no Part 36 offers

  • Informal hearings

  • Fixed costs only orders

  • 10,000 - 25,000

  • 1 day trial

  • 30 weeks from allocation to trial – standard directions

  • District Judge

  • Single joint experts (if any) – no oral expert evidence without permission

  • Summary assessment of costs post-trial and fixed costs for trial advocate

  • Over 25,000

  • Complex law/facts

  • Circuit Judge

  • Tailored directions usually given at CMC which parties’ solicitors are required to attend

  • Usually no joint expert - each side will have instructed expert(s)

  • Oral expert evidence

  • Pre-trial review

  • Detailed assessment of costs after trial

DIRECTIONS

  • 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

  • If allocated to the multi-track, the following documents must be prepared:

    • Case summary

    • If a case management conference is to occur

    • Disclosure report

    • Costs budget

    • Budget discussion report

  • A draft order for directions should accompany the directions questionnaire

FAST TRACK DIRECTIONS – CPR 28

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

UNABLE TO COMPLY?

  • 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)

SANCTIONS

  • CPR 3.8(1) – Where a party has failed to comply with a rule, practice direction or court order, any...

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