Chapter 9: Case Management

• Case management by the court

  1. Making directions as to the steps the parties must take to prepare the case for trial

  2. Setting the timescale within which those steps must be taken
• Overriding objective


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

  • Ensure parties are on an equal footing
  • Save expense
  • Deal with cases proportionately
  • Ensure cases are dealt with expeditiously and fairly
  • Allot appropriate court resources
  • Enforce compliance with rules, practice directions, and orders
• Courts have a duty to encourage cooperation, identify issues early, decide which issues need full investigation and trial, decide the order of issues, encourage and help parties settle, and fix timetables
• Track allocation


  The court allocates cases to the small claims track, fast track, or multi-track
• After the defendant files a defence, the court sends the parties a notice of proposed track allocation and a Directions Questionnaire which the parties must complete and return within 28 days
• Factors the court considers for track allocation

  • Financial value of the claim
  • Remedy sought
  • Complexity of the case
  • Value of any counterclaim
  • Number of parties
  • Amount of oral evidence
  • Importance of the claim to non-parties
  • 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


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

  • Personal injury claims up to £5,000 for road traffic accidents or £1,500 for other claims
  • Residential tenant claims for landlord to carry out works costing up to £1,000 and other claims up to £1,000
• Small claims process


  Hearing is less formal than other courts
• Small claims costs


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

  Party must apply within 14 days showing they had good reason for not attending and their claim/defence has reasonable prospects of success
• Fast track


  Normal track for claims between £10,000 and £25,000
• Fast track trials cannot exceed one day and each party can only instruct up to two experts or experts from up to two fields
• Fast track costs


  Recoverable costs must be proportional to the amount in dispute, with fixed costs for certain types of claims
• Courts restrict expert evidence in fast track claims and encourage the use of single joint experts</b>
• Other features of the fast track

  • Witness evidence stands as evidence in chief
  • Party seeking to rely on expert evidence must justify and provide cost estimate
  • Trial timetables, bundles, and case summaries are likely required
  • Trials heard by Circuit or District Judge
  • Trial judge may summarily assess costs
• Multi-track


  Applies to claims over £25,000 or where the trial will last more than one day
• Multi-track case management


  1. Parties discuss and try to agree directions

  2. Procedural judge has flexibility to manage the case

  3. Stays for ADR encouraged

  4. More flexibility for experts than fast track

  5. Costs budgets must be filed before initial directions hearing

  6. Case may have several case management conferences

  7. Commercial Court/TCC assigns a judge to ensure consistency
• When calculating the financial value of a claim, the court excludes any amount not in dispute, interest, costs, and contributory negligence
• Factors considered for track allocation

  • Value of claim for damages
  • Whether it involves a personal injury claim or protected party
  • Complexity of law, evidence, or if it is a test case
  • Claim may be moved up to a higher track beyond financial value
• Track allocation thresholds excluding personal injury claims

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

  • Multi-track: Over £25,000 (High Court & County Court), claims not suitable for fast track
  • Fast track: £10,000 - £25,000 (County Court), £10,000 or less if personal injury element is £5,000 or less and 1 day trial max, expert evidence limited to 2 subject fields
  • Small track: £10,000 or less if personal injury element is £5,000 or less
• Exceptions for personal injury claims in road traffic collisions where the claimant is a minor, protected party, or the personal injury element is £1,000 or less
• Directions Questionnaire


  Helps the court manage the case and make appropriate directions
• i 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 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
• ЕХСЕРТ


  • 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, riding a motorcycle
• Directions Questionnaire


  To help the court manage the case and make appropriate directions in accordance with the overriding objective
• Points 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.
• Case Management Directions


  Directions from the court to the parties concerning how the case is to proceed
• 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
• Fee Payable


  There is a fee payable on filing of the pre-trial checklist and a hearing fee. A party may recover part of the hearing fee if the case settles before trial.
• Pre-Trial Checklist


  To check that the parties have complied with directions and consider what else may be required to prepare the case for trial
• Multi-Track Directions


  In multi-track cases, there tends to be no set timetable. For high value and complex multi-track claims, the court will list the case for a Case Management Conference, normally requiring the parties to file disclosure reports at least 14 days before, and costs budgets seven days before, the hearing.