BPP University College Of Professional Studies Limited (BPP)
A complete summary of all chapter handouts, lecture recordings and SGSs consolidated into just 51 pages of clear and concise notes with worked examples. Contains everything you need to know for the BPP Civil Litigation module. Used to obtain a distinction result.
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
All documents for this subject (28)
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CASE AND COSTS MANAGEMENT
PROCUEDURE FOR ALLOCATION
Filing defence triggers court to consider all statements of case and provisionally decide track.
- CPR 26.6(3): Small claims > £10,000 – consumer disputes, PI, parking. Straightforward, low value,
restricted rules on evidence and costs recovery.
- CPR 26.6(4): Fast track > £25,000 –no longer than 1 day and only 1 expert per party ( CPR 26.6(4)) in a
maximum of 2 fields (CPR: 26.6(5)).
- CPR 26.6 (5): Multi-track < £25,000 – all other cases, more flexibility.
CPR 26.8(2): Disregard interests, costs and CN when valuing claim.
CPR 26.8(1): Court considers – Value, nature of remedy, complexity of facts, law or evidence, number of
parties, value of counterclaim, volume of oral evidence required, public importance and parties’
circumstances.
CPR 26.3(1): Served notice of proposed allocation with directions to serve the following by a certain date
(given at least 28 days (CPR 26.3(6)(b)(ii)):
- Directions Questionnaire (Form N181 for fast and multi and N180 for small):
o Confirm complied with pre-action protocol / PD on pre-action conduct.
o Considered settlement and acknowledge cost consequences if unreasonable (CPR 26.4 -
Court can stay proceedings for 1 month at a time to allow for settlement discussions).
o Type of disclosure required.
o Witnesses’ details and facts they will prove.
o CPR 35.4(2): Experts’ names and field with costs estimate (need court approval change).
o Estimated time for trial – notify if change to estimate.
o Which court claim should be heard in.
o Appropriate track for allocation.
o Whether they have made / plan to make interim applications.
o Any other facts and documents they want to judge to consider.
- Proposed Directions - CPR 26.3(1)(b)(v): Attempt to agree, must file with DQ whether agreed or not.
CPR 26.5: Allocated to a track and given notice (CPR 26.9) OR asked to give further info (CPR 26.5(3)).
CPR 29.2 (29 PD 5): If multi-track then set a date for CCMC to discuss directions.
PREPARING FOR CCMC
Once date set for CCMC must file:
- Costs Budget (Precedent H – 3E PD 6) – CPR 3.13(1) – With DQ if <£50k or 21 days before CCMC.
o Estimates reasonable and proportionate costs intend to incur, review throughout.
o Court will consider this when awarding costs under CPR 44.3.
o Court states extent to which approved and manages case to adhere to this.
o Need to consider early and revise – lawyer S of T confirm reasonable and proportionate.
o Set out any assumptions and contingencies (may be required but don’t know).
o 3E PD 7.9: Costs of interim application shall be treated as additional.
o 3E PD 7.2: Can only recover £1,000 or 1% of costs toward preparation of costs budget.
o 3E PD 7.3: Approval indicates those costs will be recoverable.
o 3E PD 7.4: Costs incurred before costs budget cannot be approved (but expect fewer in
future).
Changing the budget to meet costs of unforeseen witnesses:
- 3E PD 7.6: Can revise upwards or downwards if significant developments – must submit to
other side for agreement and to court if cannot agree – approve, vary or disapprove.
, - CPR 3.18(b): If do not amend then risk will not be able to recover extra costs - good reason.
- Budget Discussion Report (Precedent R – 3E PD Annex C) – CPR 3.13(2) – 7 days before CCMC.
o Parties agree and record grounds for dispute, court then focuses on areas of disagreement.
CPR 3.12: Exempt from these if over £10mn, made by someone under 18 or claim is subject to fixed / scaled
costs. BUT court retains power to say they apply.
- Disclosure Report (Form N263) with EDQ (Form N264) – CPR 31.5(3-8) – 14 days before CCMC
verified by statement of truth:
o Describes documents that (may) exist that are relevant to matters
o Where and with whom they are located
o How electronic documents are stored
o Estimated costs of searching and disclosing
o Which directions in CPR 31.5(7-8) are sought
- Agree Draft Disclosure Order – CPR 31.5(5) – 7 days before CCMC.
o Consider issues and agree draft disclosure order for court to make.
o Aim to limit disclosure so case conducted at proportionate cost.
o CPR 31.5(6): Court will approve if it considers order appropriate.
o Usually prepared earlier as helps inform disclosure costs in costs budget (if order not agreed
then will have to revise).
- Agreed / Proposed Directions – CPR 29.4 – 7 days before CCMC.
o Parties under express obligation to agree before CCMC to save time and money. Reminds
ADR.
PURPOSE OF CCMC
- Ensure issues are identified, understood and narrowed.
- Determines future conduct of proceedings.
- Ensure parties taken steps to settlement, complied with orders and costs proportionate.
- CPR 3.15: Court makes costs management order.
- CPR 3.16: Court decides extent to which approves costs.
- 29 PD 5.6(3): Consider if need case summary– 500 words chronology, issues agreed, nature of
evidence.
- CPR 29.3(2): Any representative attending the CMC must be familiar with the case and have sufficient
authority to deal with issues. Otherwise get wasted costs order payable by the firm.
Then the court makes directions (or straight to this stage if not multi-track).
DIRECTIONS
- Allow court to make necessary arrangements for smooth running – enough time and level of judge.
- Allow court / parties to identify disputed areas – narrow issues.
- Assist parties to understand each side – more likely to settle.
- Will be adjusted to fit each case, but standard directions suitable for most.
CPR 27: Small Claims Standard Directions (PD 27 Appendix A and B)
- File and serve copies of documents intend to rely on 14 days before hearing.
- Bring original documents to the hearing.
- Will be given notice of the hearing date.
- Inform court if claim settled before.
, - CPR 27.8: Hearings are informal, represent themselves, no more than 2 hours, fixed costs.
CPR 28: Fast Track Standard Directions (PD 28 Appendix)
- Trial no longer than 1 day: no opening speeches, limited oral evidence and fixed costs (CPR 45).
- From notice of allocation have –
o 4 weeks to disclose documents – no disclosure, standard or specified
o 10 weeks to exchange witness statements
o 14 weeks to exchange expert reports
o 20 weeks to send re-trial checklists to court
o 22 weeks to file completed checklists
o 30 weeks four court to set trial date
CPR 29: Multi-Track Standard Directions
- CPR 29.4: Express obligation to agree before CCMC and submit 7 days before.
- CPR 29.1: Use model paragraphs as starting point for high value / complex – 1 option from each
paragraph so tailored to needs of case:
o Warnings of consequences of non-compliance with direction or order.
o Notice of allocation with reminder to consider ADR.
o Case specific directions (e.g. housing or clinical negligence) and general orders for costs.
o Orders for type of disclosure required.
o Directions for preserving evidence and witness evidence.
o Options for expert evidence – single joint to several multiple.
o Pre-trial review to check complied with previous court orders and directions.
o Order allowing parties to agree an extension to time limits.
o Order allowing updated schedule of loss (and D’s challenge of this)
COURT’S CASE AND COSTS MANAGEMENT POWERS
Case Management Events
- Allocation
- CMC (multi-track only)
- Listing Questionnaire (parties state complied with directions)
- Interim applications
Source of Powers
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