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Summary SGS 4 Civil Litigation LPC (Allocation, Case and Costs Management) Lecture, SGS and Solution Notes and Exam Structure(High Distinction)
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This reviews allocation, case and cost management.
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SGS 4- Civil: Costs Management, Case Management and Sanctions and Relief fromSanctions + in time applications, Allocation, DQ, Directions
Order of Civil Litigation Process Description
1. Pre-action protocols Enforce best practice between the parties and should be adopted for fairness and efficiency.
2. Issuing and serving claim form This initiates proceeding with the court at the request of the claimant. Contains in brief, the
claimants claim. CPR 7, 4 months from date of issue if court do not serve.
3. Serving particulars of claim This contains full details regarding the claimant’s claim. 14 days to serve.
4. Acknowledgment of service The defendant files this with the court and may serve it on the claimant to acknowledge the
claim where it cannot do the defence in time. This is not compulsory but can be served
within 14 days after particulars are deemed served.
5. Defence The defence gives an opportunity for the defendant to admit, deny or put to proof the
claimant’s allegations and also provides a way of the defendant to put their side of the story
across. 14 days from particulars of claim if you have not served an AoS. If you have served an
AoS then you have 28 days from particulars of claim.
6. Allocation The court now becomes actively involved in case management and will allocate the claim to
a certain appropriate track. Below £10,000 is small claims, between £10,000 to £25,000 is
fast track and £25,000+ is multi-track.
7. Costs and case management The parties will now come together to try and agree directions and understand what issues
conference are prominent to the claim which will be brought before the court.
8. Directions
9. Disclosure Disclosure is the process by which each party tells the other what documents or information
they hold that are relevant to the case, regardless of whether or not it is helpful or
detrimental to their case to do so.
10. Inspection of documents This is when the disclosed documents are inspected.
11. Exchange of witness statements Witness statements are the means by which the facts of the dispute are put before the
court.
12. Exchange of experts’ reports Expert evidence and a court order is required if you wish to adduce such evidence at trial. An
expert is generally a highly skilled or knowledgeable individual whose role is to advise the
court impartially on matters within his/her expertise.
13. Preparation for trial The claimant will prepare to prove their case and the defendant will prepare to defend the
case.
14. Trial The claim is now brought to the court, usually lasting only one day.
15. Enforcement of judgment The court will decide the case and then also determine the award of damages to make. The
court will also consider which party should pay the costs of the proceedings.
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, SGS 4- Civil: Costs Management, Case Management and Sanctions and Relief from
Sanctions + in time applications, Allocation, DQ, Directions
DOCUMENTS AND WHEN THEY NEED TO BE FILED
Document Purpose Filed/Served, if so, when? Early settlement possible? Why or
why not?
NoPA The court officer decides the most The NoPA is served by the court on both No. This is just the courts way of telling
appropriate track for the claim parties. The deadline date is specified on you what needs to be done and by
and then gives opportunity for the the NoPA itself. Will be at least 28 days when.
claimant and defendant to agree after the notice is deemed served on the
or dispute it. parties.
DQ This document provides Must be both filed and served. Yes, the form has an option to apply to
information from parties to the The deadline date is the date stated on the court for a stay in proceedings and
court which will enable them to the NoPA. attempt to reach a settlement.
(FORM N181) most accurately allocate the case Focuses the party’s minds as to the
to the correct track. This will be at least 28 days after the
NoPA is deemed served on the parties strength of their opponents cases.
Parties must estimate length of CPR 26.3(6)(a)(ii).
trial, highlight documentation and
provide a list of directions CPR
26.3
Parties should take the standard
directions as a starting point and
adapt them. Parties must try to
agree appropriate directions and
if they cannot, submit proposals 7
days before the CMC (29.4)
Costs Budget This document allows the parties Must be filed alongside the DQ if claim The client gets an understanding of
Precedent H to set out their budgets and value is less than £50,000 how expensive the case is and can
possible contingencies. OR- 21 days before the first CMC (case prompt a decision.
management hearing) if the claim is over
£50,000 to £10 mil CPR 3.13(1)(b).
Budget Discussion This is where the parties discuss Must file and exchange this report no
Report Precedent either parties budgets. The form later than 7 days before the first CMC
R includes the figures which are (case management hearing) (CPR
agreed and not agreed for each 3.13(2)).
phase of litigation and a brief
summary of the grounds of
dispute.
Standard Sets out the timetable of steps Usually sent (file and served) with the
Directions for you have to take and do things by. DQ to both parties.
multi-track cases
Agreed/Proposed At least 7 days before the CCMC- CPR
Directions 29.4; 29PD4
Disclosure report Not less than 14 days before the CCMC
Form N263) with CPR 31.5(3)–(8)
EDQ if used
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