1. Case Management - Overview
Civil Litigation, Chapter 9
Case management refers to the control of the litigation process by the court by way of the imposition of
rules, events, and dates for compliance on the parties, and conducting a general supervisory role of the
litigation process in accordance with its obligations under the CPR.
Procedure
Civil Litigation, 9.5
When the defence has been filed, the court will provisionally decide which “track” to allocate the claim to:
Court Tracks
Civil Litigation, 1.3.2; 9.6.
Small Claims (CPR Part 27) Fast Track (CPR Part 28) Multi-Track (CPR Part 29)
Claims up to £10,000 (CPR Claims more than £10,000 but Claims more than £25,000.
26.6(1)(a)(i)). less than £25,000 (CPR 26.6(4) “The normal track for any
Of low complexity. (b)(i). claim for which the small
However higher value claims Trial will likely last for no claims track or the fast track is
can be allocated to the track longer than one day (CPR not the normal track” (CPR
(PD26, 8.1(2)). 26.6(5)(a)). 26.6(6)).
The court will not normally CPR 2.1: Proceedings for less
allow more than one day for than £100,000 may not be
trial (PD26, 8.1(2)). started in the High Court.
Notice of The court will then send the parties’ a Notice of Allocation1, which, for Multi-Track Claims,
Allocation will normally require the parties to:
Prepare a Case Summary – Setting out a brief chronology and issues of fact which
are agreed/disputed.
Complete the Directions Questionnaire (Form N181) by a specified date.
Attempt to agree directions and then file proposed directions by a specified date.
File and exchange cost budgets (Precedent H) either:
With the Directions Questionnaire if the value of the claim is less than
£50,000 (CPR 3.13)
In any other case, not later than 21 days before the first Case Management
Conference (CPR 3.13).
File and exchange a Budget Discussion Report (Precedent R)
File a Disclosure Report
Court’s Case Management Powers2
1
Form N149C (Multi-Track) Claims, a copy of which is available link.
2
Workshop 8, Consolidation Task
, Civil Litigation, 9.2-9.4
CPR 1.4 – The court has a duty to manage cases “actively”. In doing so, the Court has the power to exercise
its general powers of case management under CPR 3.1(2):
Court’s General CPR 3.1(2) sets out the court’s general powers of case management.
Powers of Case
Management The list is extensive, and includes the power for the Court to “take any other step
or make any other order for the purpose of managing the case and furthering the
CPR 3.1(2) overriding objective…”.
Some of the most notable powers are listed below.
1. The following specific case management powers should be noted:
Extension of Time The court has the power to extend the time for compliance with a Rule,
including retrospectively (CPR 3.1(2)(a)).
Civil Litigation, 9.2
Strike-Out The court has the power to strike out a statement of case (CPR 3.4(2)):
It may do so of its own accord (does not require an application), or the
Civil Litigation, 9.3 Claimant can make an application.
The court may exercise its power if:
The statement of case discloses no reasonable grounds for bringing or
defending the claim (i.e., it is doomed to fail).
The statement of case is an abuse of the court’s process or is otherwise
likely to obstruct the just disposal of the proceedings or
There has been a failure to comply with a rule, practice direction or
court order.
However, if there are less drastic ways of dealing with default which will
produce a just result, strike out is unlikely to be awarded.
Alternative Alternatively, the court may sanction the party e.g., for delay, by requiring them
Sanctions – to:
Costs/Interest Pay costs caused by their failure on an indemnity basis, or
Make an order affecting the interest payable on any damages (increase
Civil Litigation to sanction the defendant, decrease to sanction the defendant).
9.3.3.1-9.3.3.2
Unless Orders Where a party fails to comply with a direction, the court may make an order
which provides that “unless” a party complies with that direction, their
Civil Litigation, 9.3.4 claim/defence will be struck out (or some other penalty will apply).
Transfer of Money CPR 26.2: if the claim is issued in the High Court:
Claims For a specified amount of money.
Against a defendant who is an individual.
This will be automatically transferred to the defendant’s home court.
Case Management Conferences (CMCs) (PD 29)
Civil Litigation, 9.6.3.2
, A CMC is an early hearing where the court will identify the issues in dispute and exercise its broad case
management powers to direct how the case should be conducted going forward, including:
Making an order for directions, and
Setting a timetable for all the steps up to trial.
The hearing will commonly also allow for Costs Management to take place (see notes on Costs
Management), in which case the hearing will be referred to as a Costs and Case Management Conference
(CCMC).
Purpose of (1) Review the steps which the parties have taken in the preparation of the case, and in
the CMC particular their compliance with any directions that the court may have given,
(2) Decide and give directions about the steps which are to be taken to secure the
PD 29, Para progress of the claim in accordance with the overriding objective, and
5.1 (3) Ensure as far as it can that all agreements that can be reached between the parties
about the matters in issue and the conduct of the claim are made and recorded.
PD29, Para (1) Whether the claimant has made clear the claim he is bringing, in particular the
5.3: Topics amount he is claiming, so that the other party can understand the case he has to meet,
Covered at (2) Whether any amendments are required to the claim, a statement of case or any
the CMC: other document,
(3) What disclosure of documents, if any, is necessary,
(4) What expert evidence is reasonably required in accordance with rule 35.1 and how
and when that evidence should be obtained and disclosed,
(5) What factual evidence should be disclosed,
(6) What arrangements should be made about the giving of clarification or further
information and the putting of questions to experts, and
(7) Whether it will be just and will save costs to order a split trial or the trial of one or
more preliminary issues.
Who Should If the party is represented:
Attend? A legal representative who is “familiar with the case, and have sufficient
authority to take any decisions likely to arise” (CPR 29.3(2)).
2. Relief from Sanctions
Civil Litigation, 9.4
