Chapter 8: Statements of care

• Case management


  The court has a duty to manage cases throughout the entire path of an action by making directions as to the steps that the parties must take to prepare the case for trial and the timescale within which those steps must be taken
• Case management


  • Done by Masters, District Judges, and Circuit Judges
  • Occurs at various stages through the life of the claim, notably at allocation and pre-trial
• Overriding objective


  The court is to deal with cases justly and at a proportionate cost
• Aims of the overriding objective

  • Ensure that the parties are on an equal footing
  • Save expense
  • Deal with cases in ways that are proportionate to the money involved, the importance of the case, the complexity of the case, and the financial position of the parties
  • Ensure that the case is dealt with expeditiously and fairly
  • Allot the appropriate share of court resource
  • Enforce compliance with rules, practice directions, and orders
• Duties of the court when managing cases pursuant to the overriding objective

  • Encourage co-operation
  • Identify issues early
  • Decide promptly which issues need full investigation and trial and summarily disposing of others
  • Decide the order in which issues need to be resolved
  • Encourage and help the parties to settle
  • Fix timetables
• Track allocation


  The court will send the parties a notice of proposed track allocation, together with a Directions Questionnaire which the parties must complete and return within 28 days
• Principles the court will consider in determining track allocation

  • The financial value of the claim
  • The remedy sought
  • The complexity of the case
  • The value of any counterclaim
  • The number of parties
  • The amount of oral evidence
  • The importance of the claim to non-parties
  • The circumstances of the parties
• In determining the value of a claim, the court ignores any sums not in dispute, interest, costs, and contributory negligence
• Small claims track


  The procedure for the most straightforward claims, with an upper limit of £10,000
• Claims usually allocated to the small claims track


  • Personal injury claims with a financial value of not more than £10,000 if the value of any claim for damages for personal injuries is not more than £5,000 in a claim arising from a road traffic accident
  • For £1,500 in any other claim for personal injuries
  • A claim by a residential tenant for the landlord to carry out repairs or works where the works are estimated to cost no more than £1,000 and the financial value of any other claims is not more than £1,000
• Small claims track allocation

  • A claimant starts a claim for breach of contract and negligence against a painter alleging poor workmanship and consequential losses. The Particulars of Claim set out the damages claimed and assess these at £8,000. The court will allocate the claim to the small claims track.
  • A claimant starts a claim against a defendant arising from a road traffic accident in June 2021. Liability is not disputed and the parties agree the damage to the claimant's car was £8,000. However, the claimant also claims for a hire vehicle in the sum of £5,000, which amount the defendant disputes, as the claimant had access to an alternative vehicle. The court would likely allocate the case to the small claims track noting that, whilst the claim in total is worth £13,000, the amount in dispute is actually only £5,000.
• Small claims track process

  A hearing in the small claims court is less formal than in the other courts
• Small claims track costs

  Recoverable costs are restricted to fixed costs and reasonable expenses in attending, and expert fees are restricted to a total sum of £750. However, the court can award more if a party has behaved unreasonably.
• Setting aside a small claims decision

  A party may apply to set aside a decision in the small claims court if they were not in attendance at the hearing, showing they had good reason for not attending and their claim or defence has reasonable prospects of success
• Fast track


  The normal track where a claim has a value between £10,000 and £25,000
• Exceptions where claims must be issued on the fast track even if worth less than £5,000

  • The claim is for personal injuries arising from a road traffic accident that occurred on or after 31 May 2021
  • The claim is made by a child or a protected party or a person who, on the date the claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, was a child
  • The claim includes a claim for a whiplash injury
• Fast track costs


  Recoverable costs must be proportional to the amount in dispute and the parties' approach in bringing and defending the claim must have been reasonable
• Fast track costs


  • In a breach of contract claim allocated to the fast track because the amount in dispute was £15,000, the claimant ultimately succeeded and was awarded £13,500 plus costs. The claimant presented a bill of €50,000 for solicitor's costs plus disbursements of £15,000, including numerous expert report fees. Whilst it was not disputed that the solicitor carried out the work, the judge lowered the costs to £30,000 because the £65,000 cost was not proportionate based upon the value of the claim.
• Fast track evidence


  Courts restrict expert evidence in fast track claims. The emphasis is on written rather than oral evidence. The use of single joint experts in fast track cases is encouraged.
• Other features of the fast track

  • Witness evidence will stand as evidence in chief
  • A party seeking to rely on expert evidence will need to provide justification and provide an estimate of the likely cost
  • Trial timetables, bundles, and case summaries are likely to be required as standard
  • Trials will usually be heard by a Circuit Judge or District Judge
  • Often the Trial Judge will summarily assess costs at the conclusion of the trial
• Multi-track


  Normally applies to claims with a value in excess of £25,000 or where the claim may have a lesser value but the trial will last more than one day
• Multi-track directions


  The court expects the parties to discuss and try to agree as to directions. The procedural judge has greater flexibility to make decisions about the management of the case. Stays for Alternative Dispute Resolution are encouraged and there is more flexibility for experts than in fast track.
• Multi-track costs budgets


  In many multi-track cases, costs budgets must be filed before the initial directions hearing, which often proceeds as a Costs and Case Management Conference (CCMC). Case summaries and skeleton arguments may be required for these hearings.
• Track allocation is subject to the discretion of the judge
• When calculating the financial value of a claim, the court excludes

  • Any amount not in dispute
  • Any claim for interest
  • Costs
  • Any alleged contributory negligence
• Factors the court considers in track allocation

  • Value of claim for damages
  • Whether the claim involves a personal injury claim or a protected party
  • Complexity of the case (law, evidence, test case)
  • The claim may be moved up to a higher track beyond the financial value of the claim
• Track allocation excluding personal injury claims

  • Multi-track: Over £25,000 (High Court & County Court claims)
  • Fast track: £25,000 - Over, £10,000 (County Court claims), 1 day trial max, 2 experts per party max, Expert evidence limited to 2 subject fields max
  • Small track: £10,000 county court claims
• Track allocation for personal injury claims

  • Multi-track: Over £25,000 (High Court and County Court), Claims not suitable for fast track
  • Fast track: £25,000 - over, £10,000 County Court £10,000 or less, If the PI element of the claim is £5,000 or less AND 1 day trial max, Expert evidence limited to 2 subject fields max, Claimant in a road traffic collision [RTC] claim for £10,000 or less, where there is a claim for whiplash injuries, Claimant in a RTC is a minor or protected party where the personal injury part of the claim is over £1,000
  • Small track: £10,000 or less, If personal injury elements of the claim is £5000 or less
• Exceptions for personal injury claims

  • Claimant in a road traffic Collison [RT] is a minor or protected party, Personal injury part of claim cannot exceed £1,000 if Accident before 31 May 2021 Or after 31 May 2021 if the claimant is a passenger, riding a horse, a pedestrian, using a bicycle, or riding a motorcycle
• Directions Questionnaire


  The purpose is to help the court manage the case and make appropriate directions in accordance with the overriding objective
• Types of claims


  • 25,000 high court and county court
  • Claims not suitable for fast track
• Fast track


  • £25,000 - over
  • £10,000 County Court £10,000 or less
  • If the Pl element of the claim is £5,000 or less AND 1 day trial (max)
  • Expert evidence limited to 2 subject fields [Max]
  • Claimant in a road traffic collision [RTC] claim for £10,000 or less, where there is a claim for whiplash injuries
  • Claimant in a RTC is a minor or protected party where the personal injury part of the claim is over £1,000
• Small track


  • £10,000 or less
  • If personal injury elements of the claim is £5000 or less
• Exceptions for personal injury claims

  • Claimant in a road traffic Collison [RT] is a minor or protected party
  • Personal injury part of claim cannot exceed £1,000 if Accident before 31 May 2021
  • Personal injury part of claim cannot exceed £1,000 if Accident after 31 May 2021 and the claimant is a passenger, riding a horse, a pedestrian, using a bicycle, or riding a motorcycle
• Purpose of the Directions Questionnaire


  To help the court manage the case and make appropriate directions in accordance with the overriding objective
• Matters addressed in the Directions Questionnaire

  • Whether the parties have complied with the pre-action protocol
  • Case management information (such as track allocation, details of any applications, and what directions are proposed as to disclosure and inspection) and any amendments required to Statements of Case or further information requests
  • Whether experts are required and, if so, their identities and fields of expertise, why they are needed, and anticipated cost
  • The names of witnesses and the issues to which their evidence relates
  • An estimate of the length of the trial
  • Details of the anticipated costs of the proceedings
  • Trial periods and pre-trial checklists
• Time Limit for Filing Directions Questionnaire

  The parties must return the Directions Questionnaire within 28 days of the date of service of the order. It is not open to the parties to agree an extension of time to return the questionnaire.
• Small Claims Directions


  • Documents to be exchanged 14 days before the hearing
  • Documents to be filed or originals brought to court
  • Provision for the final hearing date
  • Encouragement to try to agree the claim
  • That no expert may be used without express permission
• Fast Track Directions


  • Disclosure - 4 weeks
  • Witness statement exchange- 10 weeks
  • Expert report exchange- 14 weeks
  • Pre-trial checklist (used to determine compliance with directions sent out) - 20 weeks
  • Pre-trial checklists returned - 22 weeks
  • Date of trial -30 weeks
• Applications to Vary Directions

  If a party is not happy with the directions given by the court, they can apply to vary, but they must do so within 14 days, failing which the court may assume they have accepted the directions given.