Civil (4)
Terms
undefined, object
copy deck
- What is allocation?
- This is when the court allocates a case to a track
- When does allocation take place?
- Once the defence has been filed
- How does allocation begin?
- The court sends the parties a notice of proposed allocation
- What will the notice of proposed allocation contain?
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1. Dates by when certain documents need to be filed
2. When the parties need to file their directions questionnaire
3. The parties proposed directions and precedent H - What is the purpose of the directions questionnaire?
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1. Help the court allocate the claim.
2. Obtain the relevant information from the parties to do this.
3. To prepare the parties for the evidential stage in the process and eventually trial. - What is the purpose of expert evidence?
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To help the court on matters of expertise
- Which part of the CPR deals with expert evidence?
- CPR 35 / PD 35 and the Protocol for the Instruction of Experts
- Is a letter instructing an expert privileged?
- No (CPR 35.10(4)). See also 13.15 of the Protocol for the Instruction of Experts
- Can parties extend some time limits by 28 days by agreement?
- Yes (CPR 3.8(4)), however, not where an extension has already been granted pursuant to CPR 15.5.
- Can a party apply for relief from sanctions?
- Yes. See 3.8(1)
- Under what section can a party claim relief from sanctions?
- CPR 3.9(1)
- What CPR sets out the factors that the court will consider in determining whether to grant relief from a sanction?
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CPR 3.9(1) (a) and (b):
- Litigation should be conducted effectively and at proportionate cost; and
- the courts should enforce compliance with rules, PDs and orders - In addition to CPR 3.9(1) what must also be applied?
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The three stage test in Denton:
1. Serious or significant breach?
2. What was the reason for default? Good?
3. Evaluate all the circumstances? Delay? - Can you rely on any part of the CPR to overturn a judgment in default?
- Yes CPR 3.10 on the authority of Integral
- What section of the CPR requires for the filing of budgets?
- CPR 3.13
- Are there any sanctions if you fail to submit a budget when requested?
- You will be treated as having filed a budget comprising only the applicable court fee (CPR 3.14)
- What section provides that sanctions will have effect unless the defaulting party obtains relief?
- CPR 3.8
- What do parties do under CPR 3.13
- The parties prepare and exchange budgets
- Does the court have the opportunity to state the extent to which the parties' budgets are approved?
- Yes - CPR 3.15
- Do the courts manage the case so that it proceeds within the approved budget?
- Yes - CPR 3.17
- What will happen at the end of the litigation?
- The recoverable costs of the winning party are assessed in accordance with the approved budget (CPR 3.18)
- How do you know whether the costs management rules apply to our client?
- They will it is multi-track. Consider whether any exemptions apply (for £10M or more) (CPR 3.12)
- If there is no date specified in the notice of proposed allocation, when my your client file and serve its budget?
- CPR 3.13 - seven days before the first case management conference.
- When counting time in relation to the filing and exchange of budgets, what days don't you count?
- The day on which the period begins or the date of the CMC (CPR 2.8(3))
- Should you ever run the risk of not filing a costs budget when requested to do so?
- No - Mitchell v News Group Newspapers Limited. The court will enforce CPR 3.14
- Under what section of the CPR can the court make a costs management order?
- CPR 3.15
- Will the court take into account the costs agreed at each stage in the proceedings?
- Yes - CPR 3.17
- What is the general rule on costs?
- CPR 44.2 - the loser will pay the winner's costs
- Will the court look at the parties' budgets when making a costs determination?
- Yes. The court will have regard to the receiving party's last approved or agreed budget for each phase of the proceedings (3.18)
- Will the court depart from the winning party's last approved costs budget before it makes an order as to costs?
- Not unless there is a reason to do so (CPR 3.18(b))
- Might budgets be revised for 'significant developments' during proceedings?
- Yes 3EPD7.6
- Is strike out the same as summary judgment?
- No. Stick out is dealt with in CPR 3, Summary Judgment is CPR 24
- Case: Court refused an application to extend time for service of particulars of claim in circumstances where a fresh action would be time bared.
- Venulum Property Investments Ltd v Space Architecture Ltd and order
- Venulum Property Investments Ltd v Space Architecture Ltd and others
- Court refused an application to extend time for service of particulars of claim in circumstances where a fresh action would be time bared.
- In terms of imposing sanctions, what two types of orders might a court make?
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(1) immediate sanction via an order; or
(2) (more usually) an unless order. - What does an Unless order provide for?
- An automatic sanction in the event of non-compliance with the order.
- What must an unless order state? Auth?
- The date and time within which the act must be done. CPR 2.9
- What CPR provides that a sanction will take effect if a party fails to comply with a rule, PD or order?
- CPR 3.8(1)
- What CPR provides that a party may obtain relief from sanctions?
- CPR 3.9
- Case: CA gave guidance on when relief should be granted under CPR 3.9
- Andrew Mitchel v News Group Newspapers Ltd
- What circumstances are / are not likely to result in relief from sanctions
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Circumstances outside of the party in default's control - likely
Overwork in solicitors' firms - unlikely - In Denton, what did the CA say a useful test for 'serious or significant' would be?
- Whether the default has imperilled future hearing dates or otherwise disrupted the conduct of litigation.