BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
Summary
Summary Case & Cost Management.
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Civil Litigation
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BPP University College Of Professional Studies Limited (BPP)
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BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
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Case and Cost Management -
Intro-
Jackson reforms in April ‘13 aimed to enhance the courts ability to monitor and manage cases more
closely & to sanction non-compliance
Attempting to persuade a court not to impose sanctions = ‘relief from sanctions’
Courts duty to manages cases:
CPR 1.4 - duty to further the overriding objective by active case management; dealing with cases;
Justly and at proportionate cost
W/in a reasonable time
By proportionate use of court & party resources
The court in doing so, must consider the complexity of the issues as well as the parties needs
Meaning of active case management:
A ‘hands on’ approach from the courts – Degree of case management is dependent on its track allocated
Stages where case management is most important;
Allocation & Case Management Conference (CMC)
At the end of the interim hearing
Listing hearings & pre-trial reviews
How to actively manage a case – CPR 1.4(2)
Including – getting the parties to co-operate & identifying issues early in proceedings to keep costs low
Court will encourage ADR
Set out a timetable to control the progress of the case to trial
Meaning of cost management:
CPR 3.12 - 3.19 & 3EPD
Followed by courts & parties to ensure costs of litigation are effectively manages and kept proportionate
to the issue in dispute
Cost is to be dealt with in allocation stage & in CMC, cost dealt with so = CCMC
-
Case Management-
The courts general powers of management -
List of courts powers to manage cases & costs found at CPR 3.1
It includes, amongst other things:
, extend or shorten the time for compliance with any rule, practice direction or court order;
adjourn hearings or bring them forward;
require a party or their legal representative to attend the court;
exclude an issue from consideration and direct that part of any proceedings (such as a
counterclaim) be dealt with as separate proceedings;
stay the whole or part of any proceedings or judgment either generally or until a specified
event;
try two or more claims on the same occasion;
order any party to file and serve an estimate of costs; and
contact the parties from time to time to monitor compliance with directions.
CPR 3.1(2) – allows the court to take any other step or make any other order for the purpose of
managing the case and & furthering the overriding objective
At trial, an action is heard by a trial judge.
At the interim stage, decisions about case management are made by procedural judges.
In the Royal Courts of Justice, this will normally be a Master. In the district registries, it will be a Deputy
District Judge, District Judge or a Circuit Judge.
-
Courts power to make an order of its own initiative -
CPR 3.3 - in theory, without either party taking any steps, the court could provide new directions or
terminate a case.
The court may give all parties likely to be affected by the order the opportunity to make representations
by a specific time.
If there is to be a hearing the court must give the parties at least 3 days’ notice.
The court is not under an obligation to hold a hearing, or to allow the parties the chance to
make representations.
If the court makes an order of its own initiative without a hearing and without giving the parties
the opportunity to make representations, the court will include a statement in the order that
the parties have a right to apply to set aside/ stay/ vary the order within a given period – CPR
3.3(5)
o Such an application should be made w/in 7 days of the date the order was served
(unless court specifies another period)
-
Courts power to strike out a statement of case-
Parties will not be able to rely on information that is struck out of the SoC
3.4 - can strike out whole/ part
, o May be exercised by the court of it’s own initiative or via an application of a party
(interim application to strike out)
o SoC will be considered at the allocation stage
o Applications should be made asap, and before allocation if possible
This is designed to target cases inadequately pleaded in the SoC
o should only be used in cases where there is no point in having a trial on the issues that
are subject to the strike out, otherwise it would deprive a party of the right to a trial and
the ability to strengthen its case during the litigation process.
CPR 3.4 is aimed at cases and issues that are weak in the way that they are pleaded or are otherwise an
abuse of process. CPR 24, on the other hand, is aimed at cases which are weak on the facts and have no
real prospect of succeeding. There is a slight overlap between CPR 24 and CPR 3.4 in relation to the
phrasing of CPR 3.4(2)(a) and as such an application can, in some cases, be made for summary judgment
and strike out in the alternative.
3A PD sets out the procedure if a party wishes to make an application for an order striking out a
statement of case under rule 3.4.
Grounds-
Grounds for a strike out – CPR 3.4(2)
(a) It discloses no reasonable grounds for brining/ defending the claim
(b) It is an abuse of the court’s process or otherwise likely to obstruct the just disposal of
proceedings
(c) There was failure to comply w a rule/ PD or court order
(a) No reasonable grounds for brining/ defending the claim-
A SoC can be struck out if it discloses no claim/ defence as a matter of law
Examples of what would be struck out:
Claims set no facts to indicate what the claim is about eg: ‘Money owed = £5000’
No legally recognisable claim/ action
Defence without providing reasons for denial – hence contradicts CPR 16.5(2)
(b) abuse of the court’s process / likely to obstruct the just disposal of proceedings
Abuse of process =
Misuse of procedure
Lord Bingham in (AG v Barker), “using that process for a purpose or in a way significantly
different from its ordinary and proper use”.
Obstructing just disposal =
Includes claims that are vexatious, scurrilous or obviously ill founded
o 3A PD 1.5
Court will look to the circumstances of the case
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