#10162 - Case Management Sanctions - Civil Litigation

1. encouraging the parties to co-operate with each other;

2. identifying the issues at an early stage;

3. deciding promptly which issues need full investigation and trial;

4. deciding the order in which issues are to be resolved;

5. encouraging the parties to use ADR if the court considers it appropriate;

6. helping the parties to settle the whole or part of the case;

7. fixing timetables or otherwise controlling the progress of the case;

8. consider whether the likely benefits of taking a particular step justify the cost;

9. dealing with as many aspects of the case as it can on the same occasion;

10. dealing with the case without the parties needing to attend at court;

11. making use of technology; and

12. ensure that the trial of a case proceeds quickly and efficiently.

CPR r.3.1(2): The non-exclusive powers of the court include:

1. extend or shorten the time for compliance with any rule, PD or court order;

2. adjourn or bring forward a hearing;

3. require a party or a party’s legal representative to attend the court;

4. hold a hearing and receive evidence by telephone or by using any other method;

5. separate or consolidate certain parts of the proceedings (such as a counterclaim);

6. staythe whole or part of any proceedings or judgment until a specified date or event;

7. try two or more claims on the same occasion;

8. direct a separate trial of any issue;

9. decide the order in which issues are to be tried;

10. exclude an issue from consideration;

11. dismiss or give judgment on a claim after a decision on a preliminary issue;

12. order any party to file and serve an estimate of costs; and

13. take any other step for managing the case and furthering the overriding objective.

• These time limits are not able to be varied by agreement of the parties (r.3.8(3))

• An application for relief must be supported by evidence (such as a witness statement) (r.3.9(2))

• For an application for relief for non-compliance, the court will consider r.3.9(1) factors:

1. the interests of the administration of justice;

2. whether the application for relief has been made promptly;

3. whether the failure to comply was intentional;

4. whether there is a good explanation for the failure;

5. the extent to which the party in default has complied with other rules, PDs, court orders

6. whether the failure to comply was caused by the party or his legal representative;

7. whether the trial date or the likely trial date can still be met if relief is granted;

8. the effect which the failure to comply had on each party; and

9. the effect which the granting of relief would have on each party.

• Where a party fails to inform the other of CFA/AEI, the court will limit the recoverability of that additional liability under r.44.3(B)(1)(c)

Fast Track (PD 28 para 3.12)

• Directions can be varied by written agreement between the parties (r.28(4))

• But, the following will need court permission:

  • Return of the AQ and pre-trial checklist

  • Trial

  • Any other matter that would lead to an alteration of these dates

Multi Track (PD 29 para 4.10)

• See the Precedent for all the information

Agreed Between Parties (PD 29 para 4.7(1))

• The court will only approve these if the directions:

  • Set out...