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Chapter

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

Chapter

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

Chapter

This chapter first considers the project management approach to resolving civil disputes. Such an approach involves following a single overall plan from the first consideration of the legal dispute up to trial. However, the fact that most cases will not in fact reach trial, and that reasonable use of alternative dispute resolution must now be made at all stages, means that any plan must be sufficiently flexible to include review, and that review needs to include options as to process. The chapter then turns to the process of case evaluation, where lawyers value what a case is worth, assess the chances of winning a case, and conduct a cost-benefit analysis. Also discussed are the importance of proportionality in the conduct of litigation and managing and reducing the risk of losing a case.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

This chapter discusses active case management and the use of sanctions. The Woolf reforms and more recently the Jackson reforms have supported the concept of active case management, the focus of which is to ensure that cases are dealt with ‘justly’ and ‘at proportionate cost’. The objectives of case management are set out in Civil Procedure Rules (CPR) Part 1 and the courts case management powers are in CPR Part 3. The powers of the court in relation to case management are wide and directions given after the issue of proceedings should provide a framework and timetable for dealing with a case right up to trial. The final section of the chapter deals with the sanctions that might be imposed where there is a failure to comply with case management requirements.

Chapter

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses forms of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.

Chapter

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses forms of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.

Chapter

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses forms of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.

Chapter

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.

Chapter

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.

Chapter

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.

Chapter

Martin Hannibal and Lisa Mountford

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.