This is an extract of our Case Management Summary Case Managment Conference 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 The court must further the overriding objective of dealing with cases justly by active case management. This means that once a case has been allocated to a track, the court will give directions as to how that case is to proceed to trial. Ultimately, this is done by the court setting a timetable of steps that the parties must follow. But first the court will want to identify the issues in dispute between the parties: i.e. decide which of those issues need to be fully investigated and direct the parties as to how that investigation is to be conducted. To help the court carry out these tasks, particularly in a complex multi-track case, the court will usually require the parties to attend at a case management conference and to prepare a case summary for that hearing. Before we look in detail at those matters, let's reflect on where we are in the litigation process, how we got there and where case management will take us to next in the proceedings. The court will actively manage a case at Stage 3, the interim phase of civil litigation. So, what exactly does this entail and how does it fit into the civil litigation process?
1. Before litigation starts, details of the claim should normally be set out in writing by the claimant and sent to the defendant. The Defendant will then respond. The parties Sometimes a settlement can be reached through a series of letters, telephone calls normally communicat and meetings or even through the adoption of a successful ADR procedure. If not, e details of
2. the pre-action steps taken should help identify what legal and factual issues their remain in dispute between the parties. These issues will subsequently be detailed respective in court proceedings as statements of case. (Only a few documents may be shown cases (for tactical reasons not everything is said/shown))
? A Claim is started by the claimant completing a claim form which is then filed at Stage 2 the appropriate court. The basic
? This is a prescribed form containing only basic details about the parties and the details of nature of the claim. any claim, defence and ? The material facts on which the claimant relies should be concisely set out in the counterclai Particular of Claim. m are set
? If the defendant wishes to resist the claim, each and every allegation should be out in the answered in a Defence by way of admission, -non-admission or denial. statementsIf the defendant has a claim against the claimant - a defence and counterclaim of case can be made using the same document. Stage 3 At Stage 1 the parties normally communicate details of their respective cases, at the Stage 2 the basic details of any claim, defence and counterclaim are set out in the interim statements of case. It is only at Stage 3 that the detailed evidence used at trial is phase addressed. A statement of case is just the bare bones of a party's case. What "flesh" can be put on by way of factual an expert evidence is a matter for the court to decide. Assuming the Particulars of Claim and any counterclaim have properly set out the allegations and that each of these has been answered by the defence by way of admission, -non-admission or denial - a comparison of the documents should allow the parties to formulate the issues in dispute. This analysis is essential in most multi-track cases when preparing a case summary for a case management conference. At that conference the court will:
1. set a timetable of steps the parties must take in order to prepare the case for trial. This normally starts with the disclosure and inspection by the parties of certain documents.
2. This is followed by the exchange of evidence that the parties intend to rely on. This often includes formal, written, factual statements form non-expert witnesses and written experts' reports. Whatever track the case is on, the parties will work towards either a known trial Stage 1
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