Case Management
Direction |
Explanation |
The claim shall be listed before [name of judge] for a case management conference on the first available date after ……. weeks with a time estimate of …… minutes |
When a defence is filed, a judge will read the papers and give such directions as seem appropriate. However, in some cases, he will want to discuss with the parties what directions are needed. A case management conference is a short hearing at which he can do this. |
The case management conference has been listed for ……..[purpose] |
The particular reason for having a case management conference may be stated in the order. |
The case management conference will be conducted by telephone, unless the court orders otherwise. The Claimant must make the relevant arrangements in accordance with Practice Direction 23A Civil Procedure Rules. |
Judges often take hearings by telephone, though less often when parties are unrepresented. |
At least 3 clear days before the case management conference the Claimant must file and send to the other party or parties preferably agreed and by email:
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The Claimant, in co-operation with the other party or parties, must help the judge by suggesting the directions that are thought to be needed. |
There will be a further case management conference in Room xxxx, Royal Courts of Justice, at [time] on [date], at which the court will review directions to trial. |
This direction is given only in claims proceeding in the Royal Courts of Justice in London |
Unless by [date] the Defendant shows cause in writing (including by email) to the assigned judge why judgment on the issue of liability for a sum to be assessed by the Court should not be entered, then judgment will be entered for the Claimant and the Defendant must make an interim payment of damages in the sum of £…… by [date] |
Sometimes in a claim it seems obvious that the Claimant is entitled to a payment and the only real dispute is over the amount. |
If the Defendant shows cause then the case management conference will be restored on [date] with a time estimate of [30] minutes for the assigned judge to decide whether there should be a trial on liability and on what issues and to give further directions. |
A hearing to consider what to do next will be fixed if the Defendant does object to the direction above. |
The following preliminary issue[s] will be tried between the Claimant and the Defendant:
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In a complex case it can be helpful to have certain basic points resolved by a judge’s decision at an early stage. |
A preliminary issue will be tried between the Claimant and the Defendant as to whether or not the Defendant is liable to the Claimant by reason of the matters alleged in the Particulars of Claim and, if so, whether or not any of the injuries described were so caused and; if any such injuries were so caused, the extent of the same |
The question whether the Defendant is liable at all is to be tried first, before consideration is given to the amount of compensation which will be awarded if he is. (Sometimes working out the amount is an expensive process, the cost of which is wasted if the Defendant has no liability.) Directions as to documents and evidence may then be limited at this stage to the question of liability. |
Directions in respect of all outstanding matters will be given by the judge at that trial as appropriate. |
If the Defendant is found liable at the preliminary trial, directions may be needed on preparation for the trial on the amount of compensation. The first trial judge is to deal with this. |
The Claim will be listed for a disposal hearing at which the judge will consider the papers and hear submissions from the parties. The following directions will apply in respect of that hearing.
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If liability (e.g. for an accident) is not disputed and if deciding the amount of compensation looks to be straightforward, the judge may decide not to allocate the claim to a track for trial but, instead, fix a short disposal hearing. At such a hearing, the judge will normally use written evidence only, though the parties may assist him with brief submissions.
If the Defendant wants to ask the Claimant questions at the disposal hearing about his witness statement, he must apply in advance for an order allowing it.
If either party thinks the claim is not suitable to be disposed of in this way, he can apply for it to be taken out of this procedure. |
By 4 p.m. on [date] any party asserting a breach of the Pre-Action Protocol for [case type] cases must serve a statement setting out the alleged breach and its effect. A response to the statement must be served within [14] days of receipt and the papers referred by the asserting party to the Court for further directions. |
Pre-action Protocols set out requirements for before a claim is issued in court. They apply to several different types of case. |
The above dates and time limits may be extended by agreement between the parties. Nevertheless,
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This direction reminds the parties that (under the Civil Procedure Rules) they can agree to extend some, but not all, of the dates and time limits prescribed for steps in preparing for trial. However, it also restricts agreed extensions to a specified number of days. |
The [claim is] [claim and counterclaim are] stayed [the stay of this claim is extended] until [date], during which period the parties must try to settle the matter or to narrow the issues. |
The court is putting the case on hold for a period so that the parties can take time to discuss it and try to reach agreement. This “stay” can be extended if they are making progress. |