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Case Management Conference Notes

LPC Law Notes > Commercial Dispute Resolution Notes

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Case Management Conference - CPR 58 and Commercial Court Guide Case Management - CPR - 'a new procedural code with the overriding objective of enabling the court to deal with cases justly' Court must give effect to the overriding objective and further the overriding objective by case management (CPR 1.4) - 12 points for the court to consider AND CPR 3.1(2)(m) - make any other order for the purpose of managing the case to further the overriding objective Solicitor's Case management:
? You should issue proceedings first in a location convenient for your client
? Discuss cost/benefit analysis of litigation with client
? O1.3 give client best possible costs information
? Costs estimate will not bind client unless the client relies upon it in deciding how to approach litigation
? Costs budget to court must be in form of Precedent H annexed to PD3E CPR 26, must be filed at court and served on either side by date order by court or at least 7 days before first CMC - failure to do so can result in court treating you as filing a budget of only the applicable court fees CPR 3.14
? CPR 3.18 it is possible for judge carrying out costs assessment to depart from approved or agreed budget if there is a good reason but revised budgets should be submitted to court for approval as soon as it becomes apparent the budget has been exceeded by more than a minimal amount
? Cost capping orders CPR 3.19-3.21 are rare Automatic to multi-track CPR 29; 58.13
? a mandatory CMC will normally take place on the first available date six weeks after all defendants intending to file and serve a defence have done so.
? claimant's responsibility to apply for a CMC (CCG D 3.2)
? PD 58 para 10.2 provides that, in a Part 7 claim, they must do so within 14 days of the date when all defences have been filed and served. o But if the claimant fails to apply for a CMC, any other party may do so or the court may fix one on its own initiative.
? CCG Para D "All proceedings in the Commercial List will be subject to management by

the court" Commercial court ? CPR Pt 58 and Commercial Court guide
??????Only operates out of Royal Courts of Justice in London
??????But number of Mercantile Courts in district registries of large cities (these are for more modest claims) ? governed by part 59 and Mercantile Court Guides for each court Part of QBD High Courtjudges are specifically assigned and practiced in the court before becoming judges and therefore experts) o ensures judicial familiarity with the issues o save time at both interim hearings and the trial. o court will keep the progress of each case under regular review and the parties must cooperate with this process.

Court encourages advance disclosure of information and to provide written summaries which can be read by the judge (disclosure of electronic data and documents) PD 5C - the commercial court can be started and continued electronically

CPR 58.1(2)(c) - commercial claim, any claim arising out of transaction of trade and commerce relating to:

a) b) c) d) e) f) g) h) i) j) k)

business doc/contract export/import of goods carriage of goods by land, sea, air, pipeline exploitation of oil, gas, natural resources insurance and re-insurance banking and financial services operation of market and exchanges purchase and sale of commodities construction of ships business Agency arbitration

Apart from arbitration Part 7 claims started using N1(CC) claim form and Part 8 N208(CC) claim form Transfer:??Possible from and to. CPR 30.5 app for transfer to/from a specialist list must be made by judge dealing with claims in that list judge has virtually unfettered discretion in deciding whether case suitable judge can remove claim from court on own initiative or app of another party no rigid financial limit, claim PS200,000 is likely to be transferred out unless a special commercial interest usually will be transferred out to Mercantile courts

How does CPR relate to Commercial court?
Part 58.3 ? Rules and their practice directions (in cpr) apply to claims in the commercial list unless this part or a practice direction provides otherwise. CPR?15 - Defence and reply 20 - Counterclaims and additional claims 58 - Commercial court

Explain steps which Claimant, Defendant and Third Party must take in commercial court to issue Claim Form up until date Claimant requests first CMC Commencement of claim in commercial court:Commenced by either part 7 (practice form N1(CC)) or part 8 (Practice form N208(cc)) CF (claim form) Statements of case - guidance set out in part c and appendix 4 of the CCGGenerally the rules are similar to part 16 of CPR BUTpara 12 Appendix 4 CCG - evidence SHOULD NOT be included in statement of casepara C1.1(b) CCG - evidence should be no longer than 25 pages. Court can give permission for longer if good reason toPD58 para 9 - commercial court will not serve docs. Service must be effected by the partiesAll docs verified by statement of truth, original text retained and using foot/margin notes. If extensive amendments then docs should be retyped and accompanied by a copy showing where/when amendments made CCG para C5.1(d)

Statements of case and time limits main claim: This is because there is a good chance D will challenge to jurisdiction using a part 11 app (time limit is 28 days after filing acknowledgement of service

58.7(2))
- C need not serve POC until after jurisdiction hearing
- Cases are more likely to be complex and cost more and therefore will cost more to create POC so logical to see if D even wishes to defend allegations before creating POC

C files CF - does not need to contain particulars of claim Documents for CMC (r58.5)

C should file the response pack with the CF r58.5(1) (b)

? All cases a CMC (CCG

58.6(1) and must (2) ? have the defendant is D1.1) obliged to file ana legal representative, all case management conferences must be attended by such a
? If a party has acknowledgement of is service representative who familiarinwith the case and has sufficient authority to deal with any issues that every within 14 days serviceCCG D1.4) arecase likely to arise (CPR of

29.3(2) of formfor NOT the POC it is see above
? the Forclaim applying CMC/when r58.8
- If D does not do so DEFAULT Commercial Court Guide (CCG) D2 sets out case management key features: JUDGEMENT possible under Pt 12

1. Statements of case exchanged within fixed/monitored time periods CCG C2.1(iii) ? parties may agree

2. Case memorandum, list of issues and case management bundle produced extensions of the periodat forearly serving If D indicates an intention to defend C stage the particulars of claim. If do this must serve particulars of claim must beofevidenced in writing and

3. 28Case list issues used to determine within daysmanagement (r58.5(1) (c)) bundle amended on running basis and notified to the court. Court can what evidence needed override any agreement. (See also

4. Court will approve/settle list of issues D Must serve and file the defence PD 58 para 7.1.) within dayswill of be service

5. 28CMC held of shortly after statements of case have been served POC(58.10(2) and 15.4(1)). CCG C3.2(b) ? period can be

6. CMC court sets pre-trial timetable and gives other directions extended by agreement between the parties by up to 28 days. Any such C can a reply within 21 daysserved, of

7. serve After statements of case parties serve disclosure schedule. At CMC court discusses agreement must be evidenced in the defence, r58.10(1)
- thisand could not they are proportionate searches for docs whether writing and notified to the court. (See be done in ordinary QBD cases

8. Before progress monitoring date parties report to court using a progress monitoring info
- If longer is necessary then C should also PD 58 para 7.1.) sheet make an app to court as CMC will be

9. On/before progress date judge will give further directions as appropriate postponed (procedure in CCGmonitoring F4)

10. If parties ready at progress monitoring date then all complete pre-trial checklist

C must apply for CMC within 14Pre-Trial days of defence para

10.2 timetable

11. then In many cases there will be Review,PD58 parties prepare
- If C fails to do so any other party may apply PD58 para 10.5
- If nobody has applied within 28 days, court may fix a date PD58 para 10.6/CCG D3.3(b)

12. Throughout case regular reviews of estimated length of trial and pre-trial reading time for judge Mandatory CMC will take place on first available date 6 weeks after all D's have filed and served defence CCG D3.1
- r58.13(2) means that r29.4(2) applies - legal rep familiar with case and authority must attend CMC Identify and PTR the documents which the parties are required to prepare in advance of a Cases in themust Commercial Case:
-Management If party wants Conference to vary CMC dates, make an app to court r29.5
? Case memorandum C may within 14 days serve a defence to any counterclaim r20.3(1) & 14.4(1)(a) Court must give
? List issues effect to of the overriding objective and further the overriding objective by case
? Case management bundle management (CPR 1.4) - 14 points for the court to consider AND (3.1(2)(m))
? Case management information sheet
? Precedent H budget CCG: Once defence and reply served, parties' lawyers should agree this. Case Memorandum (D5) (joint agreed - claimant responsible):
? Each party prepares a case memorandum and files it at court after service and any reply which should then be drafted as an agreed case memorandum (D5.1)
? Claimant is responsible for preparing and filing the case memorandum (D5.3)
? Case memorandum should be an agreed document (D5.5) which contains (D5.2): o short, uncontroversial description of what case is about (each party's version) o short, uncontroversial summary of material procedural history of caseThis is the first doc the commercial court judge looks at

List of Issues (D6) after defence and reply (D6.1)

Exam likely to ask for list of issues but NOT the agrees list - just one party's point of view?Identify the important issues of fact and law that are in dispute in the case, and specify those issues that are still outstanding. it should contain a section listing those matters that are not in dispute between the parties.Each party prepares their own, main issues of fact and law. Principle issues in a structured manner, such as by ref to headings or chapters. Long lists of detailed issues should be avoided D6.1 In most cases parties should be able to agree the list of issues, if this isn't possible then C must draft and send to D who can provide their own comments or suggests alternative list to court (must send copy to C also) D6.2(c) List of issues intended to be a neutral claim, neither party should try to advance their case D6.2(a) Separate section should list the common ground?** At CMC, parties must co-operate in keeping both docs up to date Case Management Bundle (D7) prepared by the Claimant's solicitor (D7.1) The documents that go in the Case Management Bundle are prescribed:D7.2 - lists everything that should be in the bundle
? Claim form
? Statements of case
? case memorandum,
? list of issues,
? case management information sheet and pre-trial timetable (if established)
? principal orders in the case
? any agreements relating to disclosureMust be lodged 7 days before CMC or earlier and update court bundle as follows (D7.5): a) Pre-trial timetable, revised case memorandum and other order at CMC within 10 days of CMC b) Any significant order must be added to case memo within 10 days of making it c) Replace original statements of case with amended one within 14 days of service d) If case memo or list of issues revised do so within 10 daysClaimant's solicitor must constantly update the case management bundle as the case progresses (D7.6/ PD58 para 10.9)

Case Management Information Sheet (CMIS)(D8.5) Each party must file at court and serve on every other party to the proceedings their completed Case Management Information Sheet at least seven days before the date fixed for the CMC.?????Each party must complete their own ones of these D8.5(a) Must file and serve at least 7 days before the CMC PD58 10.7 Gives judge info on parties positions Also forewarns the other parties of directions likely to be sought by other party at CMC Can deal with preliminary issues to save time and cost in resolving the case (is case time barred?) Witnesses of fact details Expert witness and what issues their advice is sought, when ready for exchange, meeting etc. ADR special directions Disclosure schedule (E2.3) produced by each party (category, location, period of time of docs limits on search) What docs do you have, where are they, and any arguments as to why its disproportionate to search for certain docs Can be standard disclosure CPR Pt 31 or there could be an order for disclosure in stages Wider range of disclosure and why unreasonable and dates by which such disclosure could be given(E2.4) Need to investigate:
? Types/classes of documentation
? How and where documents are stored
? Ease of access
? Time and costs to perform search

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