Case Management: General Principles and Approach
Small Claims Track
In the small claims track, the court normally issues the standard small claims
directions contained in Practice Direction 27. In the small claims track, strict rules of
evidence don’t apply.
The standard directions simply provide for the parties to exchange copies of the
documents upon which they intend to rely at least 14 days before the hearing and
then a hearing date is given. The court may also give special directions where the
case requires, for instance, if expert evidence is required. In exceptional cases, the
court may hold a preliminary hearing to discuss the evidence which is required.
In the fast track, the court will give written directions in the standard form contained
in Practice Direction 28.
You’ve seen that the standard fast-track directions provide for disclosure of
documents, exchange of witness statements and exchange of expert reports within a
quick time-frame. It’s the court’s aim to list the trial no more than 30 weeks after the
date when the directions are given. Hence this track is named the “fast” track. There
are some other important features of the fast track.
The trial will only last for one day and the winner may only recover fixed trial costs,
and oral expert evidence at trial will be limited to one expert per party in any field and
to two fields of expertise.
In the multi-track, the Directions Questionnaire will be considered by a judge on
paper. The judge may give written directions, but will usually list the claim for a Case
Management Conference, or CMC for short. Directions will be bespoke, tailored to
each individual case.
Directions Questionnaire
The directions questionnaire is a key document in the case management process.
Let’s have a look the questionnaire for a fast or multi-track claim below.
In Section A, you must indicate whether your client would like a one-month stay of
the proceedings. This would provide time for the parties to try and settle the dispute
without having to expend time and cost in complying with the court’s directions. If
both parties want a stay, the court must order one. Even if the parties don’t want a
stay, the court may still impose one. Under CPR 1 point 4 the court ‘must encourage
the parties to use ADR if appropriate and must help the parties to settle the case’.
Section B
If the claim is in the High Court, you must confirm whether you think it should remain
there; if not, you must name the County Court where you would prefer the claim to
be heard. You must also give any reason why the claim must be heard at a particular
court. For instance, if one of the parties has mobility issues, you might indicate that
the claim should be heard at the court nearest to their home.
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, Section C
You must state whether you’ve followed any relevant pre-action protocol. If you
didn’t, you must say why. The court can stay the proceedings pending compliance
with a pre-action protocol in appropriate cases.
Section D
You must say whether you’ve made any interim applications. For example, the
claimant might’ve applied for permission to amend the particulars of claim. If
permission is granted, this’ll affect the directions which the court should make as
time must be given to the defendant to respond to the amended claim - so the court
needs to know about any pending applications before giving directions.
You must say whether you think the case should be re-allocated to a different track.
There may be reasons why you don’t agree with the provisional allocation. For
instance, you might be dealing with a case valued at £7,000 but which has complex
legal issues and so isn’t appropriate for the small claims track. Where the parties
disagree about the appropriate track, the court may hold an allocation hearing to
decide upon the appropriate track.
In a multi-track claim, you must give information about electronic documents. In all
cases, you must give information about which directions are proposed for disclosure.
This is because the process of disclosure can be time-consuming and costly if the
volume of documents is high. The court will try to limit disclosure where possible in
order to save costs.
Section E
You must identify any expert evidence which you propose to rely upon. You must
give the expert’s name, field of expertise, why expert evidence is needed and how
much it’ll cost. You can’t use expert evidence without permission from the court.
When granting permission, the court will want to restrict expert evidence to what’s
actually needed to resolve the issues and to save costs.
Section F
You must name the witnesses of fact you intend to call at the trial and indicate what
they’ll be giving evidence about.
Section G
You must estimate how long the trial will last. Wherever possible, the court will set a
trial date when it gives directions so it needs to know how much court time will be
required. The estimate will depend on how many documents the judge will need to
read, how many witnesses will be called and how long the parties’ legal submissions
will take.
Section H
In multi-track cases worth less than £10 million, you must prepare a costs estimate.
There is a standard form for this in Practice Direction 47 known as Precedent H. You
Case Management: General Principles and Approach
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Small Claims Track
In the small claims track, the court normally issues the standard small claims
directions contained in Practice Direction 27. In the small claims track, strict rules of
evidence don’t apply.
The standard directions simply provide for the parties to exchange copies of the
documents upon which they intend to rely at least 14 days before the hearing and
then a hearing date is given. The court may also give special directions where the
case requires, for instance, if expert evidence is required. In exceptional cases, the
court may hold a preliminary hearing to discuss the evidence which is required.
In the fast track, the court will give written directions in the standard form contained
in Practice Direction 28.
You’ve seen that the standard fast-track directions provide for disclosure of
documents, exchange of witness statements and exchange of expert reports within a
quick time-frame. It’s the court’s aim to list the trial no more than 30 weeks after the
date when the directions are given. Hence this track is named the “fast” track. There
are some other important features of the fast track.
The trial will only last for one day and the winner may only recover fixed trial costs,
and oral expert evidence at trial will be limited to one expert per party in any field and
to two fields of expertise.
In the multi-track, the Directions Questionnaire will be considered by a judge on
paper. The judge may give written directions, but will usually list the claim for a Case
Management Conference, or CMC for short. Directions will be bespoke, tailored to
each individual case.
Directions Questionnaire
The directions questionnaire is a key document in the case management process.
Let’s have a look the questionnaire for a fast or multi-track claim below.
In Section A, you must indicate whether your client would like a one-month stay of
the proceedings. This would provide time for the parties to try and settle the dispute
without having to expend time and cost in complying with the court’s directions. If
both parties want a stay, the court must order one. Even if the parties don’t want a
stay, the court may still impose one. Under CPR 1 point 4 the court ‘must encourage
the parties to use ADR if appropriate and must help the parties to settle the case’.
Section B
If the claim is in the High Court, you must confirm whether you think it should remain
there; if not, you must name the County Court where you would prefer the claim to
be heard. You must also give any reason why the claim must be heard at a particular
court. For instance, if one of the parties has mobility issues, you might indicate that
the claim should be heard at the court nearest to their home.
Case Management: General Principles and Approach
1
, Section C
You must state whether you’ve followed any relevant pre-action protocol. If you
didn’t, you must say why. The court can stay the proceedings pending compliance
with a pre-action protocol in appropriate cases.
Section D
You must say whether you’ve made any interim applications. For example, the
claimant might’ve applied for permission to amend the particulars of claim. If
permission is granted, this’ll affect the directions which the court should make as
time must be given to the defendant to respond to the amended claim - so the court
needs to know about any pending applications before giving directions.
You must say whether you think the case should be re-allocated to a different track.
There may be reasons why you don’t agree with the provisional allocation. For
instance, you might be dealing with a case valued at £7,000 but which has complex
legal issues and so isn’t appropriate for the small claims track. Where the parties
disagree about the appropriate track, the court may hold an allocation hearing to
decide upon the appropriate track.
In a multi-track claim, you must give information about electronic documents. In all
cases, you must give information about which directions are proposed for disclosure.
This is because the process of disclosure can be time-consuming and costly if the
volume of documents is high. The court will try to limit disclosure where possible in
order to save costs.
Section E
You must identify any expert evidence which you propose to rely upon. You must
give the expert’s name, field of expertise, why expert evidence is needed and how
much it’ll cost. You can’t use expert evidence without permission from the court.
When granting permission, the court will want to restrict expert evidence to what’s
actually needed to resolve the issues and to save costs.
Section F
You must name the witnesses of fact you intend to call at the trial and indicate what
they’ll be giving evidence about.
Section G
You must estimate how long the trial will last. Wherever possible, the court will set a
trial date when it gives directions so it needs to know how much court time will be
required. The estimate will depend on how many documents the judge will need to
read, how many witnesses will be called and how long the parties’ legal submissions
will take.
Section H
In multi-track cases worth less than £10 million, you must prepare a costs estimate.
There is a standard form for this in Practice Direction 47 known as Precedent H. You
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