Civil Procedure: Case Management Flashcards

Flashcards covering CPR case management rules, track allocation, costs management, and court sanctions for the SQE1 syllabus.

What is the core aim of the Civil Procedure Rules (CPR) regarding case management?

To promote justice while making the best use of the court’s resources to ensure cases progress efficiently and effectively.

Under CPR r 1.4(2), what are examples of active case management?

Fixing timetables, identifying issues at an early stage, encouraging parties to use ADR, and considering if the benefits of a step justify its cost.

What specific measures can the court order under PD 1A to assist vulnerable parties or witnesses?

Allowing evidence via video conference, questioning through an intermediary (like a translator), or dispensing with wigs and gowns.

What was the court's conclusion in Maltez v Lewis (1999) regarding equality of arms?

Parties have a fundamental right to choose their lawyers, but the court can ensure a level playing field by adjusting procedural deadlines (e.g., giving a smaller firm more time for disclosure).

What is the financial value threshold for the Small Claims track?

$£10,000$ or less.

What is the financial value threshold for the Fast track?

More than $£10,000$ but not more than $£25,000$.

What is the financial value threshold for the Intermediate track?

More than $£25,000$ but not more than $£100,000$.

Which case track is reserved for claims valued at more than $£100,000$ or involving complex legal issues?

The multi-track.

What occurs if a party fails to file a directions questionnaire for a money claim in the County Court?

The court serves a notice requiring compliance within seven days; failure results in the statement of case being automatically struck out.

In the Directions Questionnaire (Form N181), what does Part A (Settlement) require?

Confirmation that the solicitor explained settlement options to the client and a choice regarding a one-month stay to attempt settlement.

What are the trial and expert evidence limits for a case on the fast track?

The trial is likely to last no longer than one day, and oral expert evidence is limited to one expert per party per field (maximum two fields).

What are the party and trial length restrictions for the intermediate track?

A maximum of three parties and an anticipated trial length of no more than three days.

What are the length limits for witness statements and expert reports in the intermediate track?

The total length of witness statements must not exceed $30$ pages, and expert reports must not exceed $20$ pages.

What is the purpose of assigning a claim to a complexity band in the fast or intermediate tracks?

To determine the amount of fixed recoverable costs that can be recovered.

What is a Costs Budget (Precedent H) in the multi-track?

A statement of costs already incurred and an estimate of future costs (budgeted costs) for specific phases of proceedings.

When must costs budgets be filed for multi-track claims of $£50,000$ or more?

No later than $21$ clear days before the first Case Management Conference (CMC).

Under r 3.14, what is the automatic sanction for failing to file a costs budget on time?

The party is treated as having filed a budget consisting only of the court fees.

What did the Court of Appeal rule in Mitchell v News Group Newspapers Limited [2013]?

That strict adherence to deadlines, such as those for filing costs budgets, is of paramount importance to ensure litigation is conducted efficiently.

According to r 3.18, how does a costs management order affect final costs assessment?

The court will not depart from the last approved or agreed budget unless there is a good reason to do so.

What are the two most common reasons for the court to strike out a statement of case under r 3.4?

1. The statement discloses no reasonable grounds for bringing/defending the claim. 2. Failure to comply with a rule, practice direction, or court order.

What is an ‘unless order’?

An order stating that unless a party takes a specific step by a certain date, a sanction (usually striking out the case) will automatically apply.

What is the three-stage test from Denton v TH White Ltd [2014] for granting relief from sanctions?

1. Identify the seriousness of the failure. 2. Consider why the default occurred. 3. Evaluate all circumstances to deal with the application justly.