#19721 - 6. Bpc Civil Litigation 2023 2024 Ccmc S - BPC Civil Litigation

The court must not allocate a claim to the small claims track, if it includes a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment or unlawful eviction.

In claims under the Renting Homes (Wales) Act 2016, the court must not allocate a claim to the small claims track if it includes a claim by a contract-holder of a dwelling against their landlord for a remedy in respect of harassment or unlawful eviction.

Monetary relief is not more than 25,000; and

if the claim includes a claim for monetary relief, the value of the claim for monetary relief is not more than 25,000.

The trial is likely to last for no longer than one day; and

oral evidence is likely to be limited to:

one expert per party in relation to any expert field; and

Expert evidence in two fields.

The claim is suitable for neither the small claims track nor the fast track.

The claim includes a claim for monetary relief not more than 100,000.

Mesothelioma claims or asbestos lung disease claim.

Claim for clinical negligence unless it is normally allocated to the intermediate track and both breach of duty and causation have been admitted.

Claim for damages in relation to harm, abuse or neglect of or by children or vulnerable adults.

A claim against the police which includes a claim for an intentional or reckless tort or relief in relation to a breach of HRA 1998 s.(5).

The trial is expected to last no longer than three days.

Oral evidence at trial is likely to be limited to two experts per party.

• The court shall allocate the claim to a track when all parties have filed their directions questionnaires or when giving directions, unless it has stayed proceedings. Before doing this, the court may order a party to provide further information about his case.

• If the court has stayed the proceedings it shall allocate the claim to a track and, where applicable, assign it to a complexity band at the end of the stay.

• If the claim has been referred for mediation and the court has not been notified in writing that a settlement has been agreed, the claim shall be allocated to a track no later than four weeks from the date on which the last directions questionnaire is filed.

• The court may hold an allocation hearing or an assignment hearing if it thinks it is necessary.

• Matters relevant to allocation to a track:

  • The financial value of the claim; it shall disregard any amount not in dispute, any claim for interests, costs, and any contributory negligence;

  • The nature of the remedy sought;

  • The likely complexity of the facts, law or evidence;

  • The number of parties or likely parties;

  • The value of any counterclaim or additional claim and the complexity of any matters relating to it;

  • The amount of oral evidence which may be required;

  • The importance of the claim to persons who are not parties to proceedings;

  • The views expressed by the parties; and

  • The circumstances of the parties.

• Where two or more claimants have started a claim against the same defendant using the same claim form; and each claimant has a claim against the defendant separate from other claimants. The court shall consider the claim of each claimant separately when it assesses financial value.

• When the court has allocated a claim to a track, the court will serve notice of allocation on every party.

• Re-allocation:

  • Where there has been a change in circumstances there may be re-allocation on application or by the court's own initiative.

  • The court may subsequently re-allocate a claim to a different track.

  • A party may appeal or apply to the court to reallocate the claim.

General:

• At the case management stage it will be determined how the case is going to progress.

• The parties must endeavour to agree appropriate directions for the management of proceedings and submit agreed directions at least 7 days before any case management conference.

• For a multi-track case, in preparation for the CCMC various documents will have to be filed:

  • Directions questionnaire;

  • Draft directions; and

  • Costs budgets.

Unrepresented Parties:

• When the court is exercising the power of case management, it must have regard to the fact that at least one party is unrepresented.

• The relevant standard directions will be adapted as appropriate to the circumstances of the case.

• The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective. This may include:

  • Ascertaining from an unrepresented party the matters about which the witness may be able to give evidence on which the witness ought to be cross-examined; and

  • Putting, or causing to be put, to the witness such questions as may appear to the court to be proper.

Court’s Power to Make Orders of its Own Initiative:

• The court may exercise its powers on an application of its own initiative.

• When it proposes to do so it must give the parties 3 days’ notice of the hearing.

• It may give any persons likely to be affected by the order an opportunity to make representations; and where it does so it must specify the time and the manner in which the representations must be made.

• A party affected by an order may apply to have it set aside, varied or stayed (the order must contain a right to make such an application). An application must be made within the period specified by the court, or if no period is specified not more than 7 days after the date on which the order was served.

• If the court of its own initiative strikes out or dismisses a case it must record that fact and consider whether it is appropriate to make a civil restraint order.

Trial Date:

• When it allocates a case to the multi-track, the court will give directions for case management and fix the trial date.

  • It will give notice to the parties of the date or period; and

  • Specify the date by which the parties must file a pre-trial check-list.

• As soon as practicable after –

  • Each party has filed a completed a pre-trial checklist;

  • The court has held a listed hearing; or

  • The court has held a pre-trial review

The court will–

• Set a timetable for the trial unless a timetable has already been fixed, or the court considers that it would be inappropriate for to do so;

• Confirm the date for trial or the week within which the trial is to begin; and

• Notify the parties of the trial timetable (where one is fixed under this rule) and the date or trial period.

• Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made.

Pre-Trial Checklist

• If no party fills the completed pre-trial checklist by the date specified, the court will order that unless a completed pre-trial checklist is filled within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.

• If, on receipt of the parties’ pre-trial checklists, the court decides –

  • To hold a pre-trial review; or

  • To cancel a pre-trial review which has already been fixed

It will serve notice of its decision at least 7 days before the date fixed for the hearing or, as the case may be, the cancelled hearing.

Failure to Comply with Case Management:

• Failure to comply with case management directions may lead to:

  • The payment of a sum of money to the court

  • The striking out of part or whole of a statement of case

  • Short extension of time specifying the consequences of non-compliance

  • Trial proceeds for some issues, disallowing costs for any later trial or remaining issues.

Variation of Case Management Timetable:

• A party must apply to the court if he wishes to vary the date which the court has fixed for:

  • A case management conference;

  • A pre-trial review;

  • The return of a pre-trial checklist;

  • The trial; or

  • The trial period.

• If a defendant files a defence, a court officer shall:

  • Provisionally decide a track; and

  • Serve notice of proposed allocation, this shall:

    • Specify any matter to be complied with by the date in the notice;

    • Require the parties to file and serve completed directions questionnaires;

    • State the address of the court which the directions questionnaire must be returned;

    • Inform the parties how to obtain the directions questionnaire; and

    • if a case appears suitable for allocation to the fast track, intermediate track or multi-track, require the parties to file proposed directions by the date specified in the notice.

• Where there are two or more defendants and at least one of them files a defence, the court shall serve notice when alll the defendants have filed a defence or when the period for filing the last defence has expired, whichever is sooner.

• Parties must serve documents required by the notice, the date specified must be:

  • if the notice relates to the small claims track, at least 14 days; or

  • if the notice relates to the fast track, intermediate track, or multi-track, at...