CASE MANAGEMENT (MULTI TRACK CPR 29
When the court allocates a case to…
MULTI TRACK CPR 29
When the court allocates a case to a multi-track, the court will
a) give directions for the management of the case & set a timetable for the steps to be taken between the giving if directions and the trial OR
b) may fix a case management conference or a pre trial review OR
Court will fix the trial date / period in which the trial is to take place as soon as practicable
When court fixes the trial date/ trial period, it will give notice to the parties of the date/ period AND
specify the date by which the parties must file a pre-trial check list
29.3 - The case management conference/ pre trial review may be fixed at any time after the claim has been allocated.
If a party has a legal representative, a representative familiar with the case and with sufficient authority to deal with any issues that are likely to arise must attend.
29.4 - Parties must try to agree with the appropriate directions and submit the agreed directions / their respective proposals at least 7 days before any case management conference.
When court approves agreed directions, or issues its own directions, the parties will be so notified by the court and the case management conference will be vacated.
29.5 Party must apply to the court to vary the date that the court has fixed for
a) case management conference
b) pre-trial review
c) Return of pre-trial checklist
d) the trial
e) the trial period
29.6 - Pre Trial Check List (Listing Questionnaire)
Court will send parties a pre trial check list for completion unless it considers there isnt a need.
If no party files the completed pre trial check list by the date specified, court will order that unless it is completed and filed within 7 days of the service of that order, the claim, defence and any counterclaim will be struck out without further order by the court.
If Only one party files / if a party failed to give all the info requested / court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,
then the court may give such directions as it thinks appropriate.
29.7 - If after receiving the pre trial check lists, court decides to do a pre-trial review or to cancel a pre-trial review previously fixed, it will serve notice of its decision at least 7 days before the date fixed/ cancelled hearing.
29.8 - As soon as practicable, court will set a timetable for trial, confirm the date for trial, and notify the parties of the trial timetable and the date of trial
Court Case Management Powers (CPR 3.1)
- extend/ shorten time (even if application for extension is after expiration()
- adjourn/ bring forward a hearing
- require proceedings in High Court to be heard by a Divisional Court of the High Court - If so, then must be heard in Divisional court and not by a single judge
- require a party / a party's legal representative to attend court
hold a telephone hearing/ by other means of oral communication
- direct any part of proceedings to be dealt as a separate proceeding
- staying of proceedings
- consolidate proceedings
- try 2/more claims on the same occasion
- direct a separate trial of any issue
- decide the order the issues are to be tried
- exclude an issue from consideration
- dismiss/ give judgement on a claim after a decision on a preliminary issue
- order filing and exchanging of cost budget
- take any other step/ order to manage the case and further the overriding objective
- Court can vary/ revoke the order
Court can make an order subject to conditions, including condition to pay money to the court AND specify the consequences of failure to comply with order/ condition.
Court may order a party to pay a sum of money if the party has without good reasons failed to comply with a rule/ PD/ PAP. When doing so, court must have regard to the amount in dispute and the costs which the parties have incurred.
When money goes to court, the money shall be security for any sum payable by that party or any other party in the proceedings.
Court can contact parties in order to monitor compliance with directions. Parties must respond promptly to any such enquiries.
DIRECTIONS QUESTIONNAIRE CPR 26.3
If a D files a defence, a court officer will provisionally decide the track which appears most suitable for the claim and serve on each party a notice of proposed allocation
The notice of proposed allocation will
- specify any matter to be complied with
- require parties to file a completed directions questionnaire and serve on all parties.
- state the address of the court / court office which the directions questionnaire must be returned
- inform parties how to deal with the directions questionnaire and
- if a case suitable for allocation to the fast track/ multi track, require parties to file proposed directions by the date specified in the notice.
If 2/ more D, the court will only serve a notice when all D have filed a defence/ when the period for filing the last defence has expired.
Parties must file and serve on all other parties the documents required by the notice no later than:
For Small claims: at least 14 days
For Fast/ Multi Track: at least 28 days
after the date when it is deemed to be served on the party in question.
- Date for complying with a notice served MAY NOT be varied by agreement between the parties
- Time when court serves a directions questionnaire may be varied by a PD in respect of claims issued by the Production Centre.
ALLOCATION CPR 26.5
Court will allocate the claim to a track when all parties have filed their directions questionnaire unless the proceedings are stayed.
If the claim is stayed, the court will allocate the claim to a track at the end of the period of stay.
Before deciding on allocation, court may order a party to provide further info about his case.
A party can appeal / apply for reallocation. He should appeal if the order was made when he was present / represented/ was given due notice
In any other claim, he should apply for reallocation.
STAY TO ALLOW SETTLEMENT CPR 26.4
A party may, when filing the completed directions questionnaire make a written request for the proceedings to be stayed while the parties try to settle the vase by ADR / other means
- If all parties request a stay, the proceedings will be stayed for a month / for such period as it considers appropriate.
- Court can also direct staying of proceedings if it is appropriate for 1 month/ any appropriate period.
- The time for stay can be extended by the courts
- The claimant must tell the court if a settlement is reached.
- If C does not tell. court will give such directions as to the management of the case as it considers appropriate.
- Proceedings on/after 6 April 2009 - Not more than £25,000
- Proceedings before 6 April 2009 - not more than £15,000
- Only if the court considers that
i) The trial is likely to last for no longer than one day (5 hours) and
ii) oral expert evidence at trial will be limited to
one expert per party in relation to any expert field and expert evidence in 2 expert fields.
- Where the case involves a counterclaim/ other Part 20 claim that will be tried with the claim and the trial will last longer than a day, courts cannot allocate it to fast track.
VARIATION OF TIMETABLE CPR 28.4
A party must apply to court if he wishes to vary the date court has fixed for
a) Return of a pre-trial check list
b) the trial or
c) the trial period
DIRECTIONS (CPR 28.3)
Matters to be dealt with by directions include
a) disclosure of documents
b) service of witness statements
c) expert evidence
If court decides not to direct standard disclosure, it may
a) direct that no disclosure takes place or specify the documents/ the classes of documents which parties must disclose.
Time specified by a rule/ a court for a person to do any act may be varied by the written agreement of the parties
Case Management - Litigants in Person
- Both the parties and the court must, when drafting case management directions in the multi-track and fast track, take as their starting point any relevant standard directions which can be found online and adapt them as appropriate to the circumstances of the case.
- At any hearing where evidence is taken, court can ascertain from LIP the matters about which the witness may be able to give evidence / on which the witness ought to be cross examined AND putting/ causing to be put to the witness such questions as may appear to the court to be proper
SCOPE OF TRACKS CPR 26.6
- Any claim which has a value of not more than £10,000
- Personal injury not more than £10,000 and the value for the personal injury is not more than £1000
- Any claim by a tenant of residential premise against a landlord where:
i) the tenant is seeking an order requiring the landlord to carry out repairs / other work to the premise
ii) cost of the repairs / other work to premise is estimated to be not more than £1000 and
iii) the value of any other claim for the damages is not more than £1000
- Court will not allocate to small claims if it included a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment/ unlawful eviction,
When deciding the track for a claim, court must have regard to:a) the financial value (if any) of the claim - it is for the court to assess the financial value. If court believes that the amount exceeds what is reasonably expected, court may make an order directing C to justify that amount;Court will disregard
1) any amount not in dispute
2) Any claim of interest
- Any amount that the D does not admit liability is in dispute
- Any sum in respect of an item forming part of the claim for which the judgement has been entered (eg summary judgement) is not in dispute
- Any specific sum claimed as a distinct item which the D admits he is liable to pay is not in dispute
- Any sum offered by the D which has been accepted by the C is not in dispute
3) Costs amd
4) any contributory negligenceb) the nature of remedy soughtc) the likely complexity of facts, law or evidenced) number of parties/ likely partiese) value of any counterclaim / other part 20 claims and the complexity of any matters relating to itf) amount of oral evidence requiredg) importance of the claim to persons not party to the proceedingsWhen track has been allocated, court will serve a notice of allocation on every party. Court may subsequently reallocate a claim to a different track