SGS 4
CASE AND COSTS MANAGEMENT
Once all the parties have filed their statements of case, the courts get actively involved
with a case. This involves the court suggesting settling still, and if parties don’t want to
settle, then the court will consider what steps need to be taken next to prepare case for
trial.
CPR gives judges power to make decisions in relation to cases on their own initiatives. If
the court gives someone an order and if they don’t follow it, the court is given the power
to give sanctions to these people.
CPR 1.4 puts a duty on courts to actively manage cases and lists what this includes. This
means dealing with cases:
justly and at proportionate cost;
within a reasonable time; and
by proportionate use of court and party resources.
CPR 3 further details courts case management powers.
CPR 3.1 – courts management powers are set out here.
General powers include things like the ability to extend to shorten the time for
compliance with any rule, PD, or court order. They can also compel party or legal
representative to attend court on interim hearing.
Sanctions
This is the way that courts punish parties when they don’t comply with PD, a CPR rule
or court order.
Essentially there are 3 types of sanctions:
1. Using its powers to manage the case: for example, barring a party from relying on
evidence that hasn’t been filed in certain time.
2. Costs: when a final costs order at the end, the courts could punish the parties
through this.
3. Interest on damages: if party fails to comply w PD, or pre action protol, then if
the party at fault is the claimant and they win, the court can reduce amount of
interest they receive on damages. If theyre the defendant, they culd increase it.
, CPR 3.4
This is the power to strike out a statement of case or a part of it.
Strike out is the deletion of written materials, so it cant be relied on in proceedings
by any party.
Strike outs are very powerful, used by both parties and the court for essentially
disposing cases. The purpose is to eliminate those cases that are weak in the way
theyre drafted
The grounds for strike out: these can be found in CPR 3.4 (2)
1. There aren’t any reasonable grounds for bringing / defending the claim.
2. If the case is an abuse of process. Includes cases that are designed not to get
justice for the party making the case, but to aggravate the opponent.
3. Failure to comply with a rule, PD, or court order eg late service or exchange of
documents, or not fully prepared for court.
Court is unlikely to strike out case except in most extreme cases of breach. Used
sparingly.
Built-in sanctions
There are some CPR rules that contain in-built sanctions. Eg
CPR 32.10 : if witness statement isn’t served in time given by court, then witness may
not be called in trial.
CPR 3.1: court could either impose an immediate sanction, or make an order subject to
conditions (eg allowing party to continue w their case as long as they pay a fee to the
court).
Court could also make clear what sanction will happen if the parties fail to comply with
an order. This is also known as an ‘Unless Order.’ The unless order must specify the date
and time within which the act must be done (CPR 2.9). This may only be extended by prior
written agreement between the parties for up to 28 days provided that such extension does not
put at risk a hearing date (CPR 3.8(3) and (4)).
If a party fails to follow rule, PD, or court order inposing the sanction, the sanction takes
affect in accordance with CPR 3.8 (1) unless party applies for relief from that sanction.
CASE AND COSTS MANAGEMENT
Once all the parties have filed their statements of case, the courts get actively involved
with a case. This involves the court suggesting settling still, and if parties don’t want to
settle, then the court will consider what steps need to be taken next to prepare case for
trial.
CPR gives judges power to make decisions in relation to cases on their own initiatives. If
the court gives someone an order and if they don’t follow it, the court is given the power
to give sanctions to these people.
CPR 1.4 puts a duty on courts to actively manage cases and lists what this includes. This
means dealing with cases:
justly and at proportionate cost;
within a reasonable time; and
by proportionate use of court and party resources.
CPR 3 further details courts case management powers.
CPR 3.1 – courts management powers are set out here.
General powers include things like the ability to extend to shorten the time for
compliance with any rule, PD, or court order. They can also compel party or legal
representative to attend court on interim hearing.
Sanctions
This is the way that courts punish parties when they don’t comply with PD, a CPR rule
or court order.
Essentially there are 3 types of sanctions:
1. Using its powers to manage the case: for example, barring a party from relying on
evidence that hasn’t been filed in certain time.
2. Costs: when a final costs order at the end, the courts could punish the parties
through this.
3. Interest on damages: if party fails to comply w PD, or pre action protol, then if
the party at fault is the claimant and they win, the court can reduce amount of
interest they receive on damages. If theyre the defendant, they culd increase it.
, CPR 3.4
This is the power to strike out a statement of case or a part of it.
Strike out is the deletion of written materials, so it cant be relied on in proceedings
by any party.
Strike outs are very powerful, used by both parties and the court for essentially
disposing cases. The purpose is to eliminate those cases that are weak in the way
theyre drafted
The grounds for strike out: these can be found in CPR 3.4 (2)
1. There aren’t any reasonable grounds for bringing / defending the claim.
2. If the case is an abuse of process. Includes cases that are designed not to get
justice for the party making the case, but to aggravate the opponent.
3. Failure to comply with a rule, PD, or court order eg late service or exchange of
documents, or not fully prepared for court.
Court is unlikely to strike out case except in most extreme cases of breach. Used
sparingly.
Built-in sanctions
There are some CPR rules that contain in-built sanctions. Eg
CPR 32.10 : if witness statement isn’t served in time given by court, then witness may
not be called in trial.
CPR 3.1: court could either impose an immediate sanction, or make an order subject to
conditions (eg allowing party to continue w their case as long as they pay a fee to the
court).
Court could also make clear what sanction will happen if the parties fail to comply with
an order. This is also known as an ‘Unless Order.’ The unless order must specify the date
and time within which the act must be done (CPR 2.9). This may only be extended by prior
written agreement between the parties for up to 28 days provided that such extension does not
put at risk a hearing date (CPR 3.8(3) and (4)).
If a party fails to follow rule, PD, or court order inposing the sanction, the sanction takes
affect in accordance with CPR 3.8 (1) unless party applies for relief from that sanction.
