#4853 - Allocation Questionnaire - Civil Litigation

Allocation 1) Court's case management powers The court can strike out a claim as part of its inherent jurisdiction under the CPR The court can make an order of its own initiative - CPR (Civil procedure rules) 3.3 The court can make an order to strike out a statement of case if: - CPR 3.4 a) The statement of case discloses no reasonable grounds for brining or defending the claim - CPR 3.4(2)(a) b) The statement of case is an abuse of the court process or is otherwise likely to obstruct the just disposal of proceedings - CPR 3.4(2)(b) c) There has been a failure to comply with a rule, practice direction or court order - CPR 3.4(2)(c) * This would include failure to observe a time deadline for submitting one of the statements of case The court can make restraint orders 2) Decisions of the client The court can compel a party to do something by making an unless order When the court specifies something do be done, within a time period and specifies a consequence of failure to do it, the parties themselves cannot agree an extension to this period - CPR 3.8(3) The court has discretion to consider whether a party in breach should be given relief from the sanction In deciding whether to grant relief, the court will consider the factors in CPR 3.9 Can and should agree to the other party's requests for time extensions as long as it does not affect the trial date