#14709 - Allocation Directions - Civil Litigation

Allocation

The case can be allocated to the small claims track, the fast track or the multi-track. Each track has a different time limit and suit different cases (CPR 26.6). Allocation will be decided when the defendant files their defence and the court will consider a number of factors (CPR 26.8).

The court will send a notice of proposed allocation informing the parties they should agree directions, fill in the DQ and prepare cost budgets.

The DQ provides the court with more information as to how the case should be directed and managed; it also contains details of experts and witnesses. At a case management hearing the court will rule on directions the parties cannot agree upon.

Case Management Conference

The purpose of a CMC is for the court to decide the future conduct of the case. CMCs are hearings before a Master or District Judge, depending on the whether the case is heard in a High Court or a County Court. CMCs are generally restricted to more complex cases.

The solicitor attending the CMC should be familiar with the case and have sufficient authority to deal with issues likely to arise, such as fixing timetables and identifying the issues (CPR 29.3(2)).

At the CMC the court will: review the steps the parties have taken; consider whether previous directions have been complied with; give further directions to secure the progress of the claim; and ensure the parties make reasonable agreements about matters in issue and the future conduct of the case.

The following directions should always be decided upon:

• ADR: does the case need to be stayed for a period of time to allow attempts to settle?

• Disclosure and inspection of documentation - dates and documents(CPR 31);

• Exchange of Witness statements - dates and documents (CPR 32);

• Permission to add Expert Evidence: the court may order the parties to use a single joint expert of the parties can apply to have separate experts. If separate experts are being used the court will also make further directions for the date for exchanging expert reports, the date of the meeting of the experts and a date whereby the joint statement should be filed at court (CPR 35);

• Preparations for trial - dates and availability.

Cost Management Powers & Budgets

CPR 3.13 states that all parties must file and exchange their cost budgets by the date listed in the notice of proposed allocation or at least 7 days before the case management hearing. Use CPR 2.8 for counting time.

CPR Glossary defines ‘budget’ as a estimate of reasonable and proportionate costs the parties intend to incur. ‘Reasonable’ and ‘proportionate’ are not defined and will be considered in the facts of the case.

However, the courts have been very critical of excessive budgets (CIP Properties v Galliford).

If the parties cannot submit their cost budgets in time then they must apply before the deadline using an ‘in-time’ application under CPR 3.1(2)(a) (i.e. not an application for relief from sanctions - Chartwell v Fergis). The court will consider the overriding objective when deciding whether to grant the extension.

Reasonable applications for extensions of time will be granted as long as they do not effect the hearing date (Hallam Estates).

If a party fails to file their cost budget on time then they...