Case Management and Allocation of Cases
Case management means the process by which a claim, once issued, is made ready
for trial.
THE COURT’S POWERS
Rule 3.1(2) sets out a non-exclusive list of the court’s powers, which include instructions that the
court can
(a) extend or shorten the time for compliance with any Rule, Practice Direction or court order
(even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
STRIKING OUT A STATEMENT OF CASE AND OTHER SANCTIONS
Rule 3.4(2) gives the court a specific power to strike out all or part of a statement of case. The
court can exercise this power if it appears to the court:
(a) that the statement of case discloses no reasonable grounds for bringing or defending the
claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct
the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.
Inadequate statements of case
Practice Direction 3A gives examples of the types of statement of case that may fall to be struck
out within (a) above.
1. particulars of claim that set out no facts indicating what the claim is about
2. particulars of claim that contain a coherent set of facts, but where those facts, even if
true, do not disclose any legally recognisable claim against the defendant (claims that are
‘doomed to failure).
Where a statement of case is defective but can be cured by amendment, rather than strike it out,
the court may give the party concerned an opportunity to amend it.
Non-compliance with a Rule, Practice Direction or court order
Striking out is, however, only one of a number of sanctions that the court can apply
How does the court decide what is appropriate?
whilst it would, on occasions, be appropriate to deal with non-compliance by striking out, there
were less drastic but equally effective ways of dealing with default.
when will it apply the ultimate sanction of striking out?
In each case, the court will have to consider all the circumstances, and in particular the factors
relevant to r 3.9 . However, the case law emphasises that the overriding objective of dealing with
cases justly and the duty to ensure fairness will be a central consideration in the exercise of the
court’s discretion.
, Sanctions other than striking out
Costs
A common sanction is to require the party in default to pay the other party’s costs occasioned by
the delay on an indemnity basis.The court will make a summary assessment of those costs at the
time of the hearing and may order those costs to be paid immediately. The solicitor handling the
case would then have to explain to the client why he had been ordered to pay those costs.
Where the court forms the view that the fault lies not with the party himself but with his legal
representative, the court may make a wasted costs order. This obliges the legal representative to
pay costs incurred by a party as a result of any improper, unreasonable or negligent act or
omission on the part of the legal representative.
Interest
Alternatively, the court may make orders affecting the interest payable on any damages
subsequently awarded to the claimant. If the party at fault is the claimant, the court may reduce
the amount of interest payable on his damages. If the party in default is the defendant, the
interest payable on the claimant’s damages at the end of the case may be increased.
Limiting the issues
The appropriate sanction may be to limit the issues that are allowed to proceed to trial
The unless order
If a party has not taken a step in the proceedings in accordance with a court order, what should
the other party do?
first to chase up the defaulting party promptly in correspondence. If that does not work, an
application should be made to the court for an ‘unless order’. This is reflected in fast track and
multi-track proceedings, where, for example, a party fails to follow a case management direction.
A party who is subject to an unless order but who cannot make the deadline set should apply to
the court before that deadline expires to extend it. Why? Because the strike out takes effect
without any further court order
RELIEF FROM SANCTIONS
A party’s ability to obtain relief from the sanctions imposed by the court is dealt with by rr 3.8
and 3.9
Where a party has failed to comply with a Rule, Practice Direction or court order, any sanction
for failure to comply imposed by the Rule, Practice Direction or court order has effect unless the
party in default applies for and obtains relief from the sanction.
Case management means the process by which a claim, once issued, is made ready
for trial.
THE COURT’S POWERS
Rule 3.1(2) sets out a non-exclusive list of the court’s powers, which include instructions that the
court can
(a) extend or shorten the time for compliance with any Rule, Practice Direction or court order
(even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
STRIKING OUT A STATEMENT OF CASE AND OTHER SANCTIONS
Rule 3.4(2) gives the court a specific power to strike out all or part of a statement of case. The
court can exercise this power if it appears to the court:
(a) that the statement of case discloses no reasonable grounds for bringing or defending the
claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct
the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.
Inadequate statements of case
Practice Direction 3A gives examples of the types of statement of case that may fall to be struck
out within (a) above.
1. particulars of claim that set out no facts indicating what the claim is about
2. particulars of claim that contain a coherent set of facts, but where those facts, even if
true, do not disclose any legally recognisable claim against the defendant (claims that are
‘doomed to failure).
Where a statement of case is defective but can be cured by amendment, rather than strike it out,
the court may give the party concerned an opportunity to amend it.
Non-compliance with a Rule, Practice Direction or court order
Striking out is, however, only one of a number of sanctions that the court can apply
How does the court decide what is appropriate?
whilst it would, on occasions, be appropriate to deal with non-compliance by striking out, there
were less drastic but equally effective ways of dealing with default.
when will it apply the ultimate sanction of striking out?
In each case, the court will have to consider all the circumstances, and in particular the factors
relevant to r 3.9 . However, the case law emphasises that the overriding objective of dealing with
cases justly and the duty to ensure fairness will be a central consideration in the exercise of the
court’s discretion.
, Sanctions other than striking out
Costs
A common sanction is to require the party in default to pay the other party’s costs occasioned by
the delay on an indemnity basis.The court will make a summary assessment of those costs at the
time of the hearing and may order those costs to be paid immediately. The solicitor handling the
case would then have to explain to the client why he had been ordered to pay those costs.
Where the court forms the view that the fault lies not with the party himself but with his legal
representative, the court may make a wasted costs order. This obliges the legal representative to
pay costs incurred by a party as a result of any improper, unreasonable or negligent act or
omission on the part of the legal representative.
Interest
Alternatively, the court may make orders affecting the interest payable on any damages
subsequently awarded to the claimant. If the party at fault is the claimant, the court may reduce
the amount of interest payable on his damages. If the party in default is the defendant, the
interest payable on the claimant’s damages at the end of the case may be increased.
Limiting the issues
The appropriate sanction may be to limit the issues that are allowed to proceed to trial
The unless order
If a party has not taken a step in the proceedings in accordance with a court order, what should
the other party do?
first to chase up the defaulting party promptly in correspondence. If that does not work, an
application should be made to the court for an ‘unless order’. This is reflected in fast track and
multi-track proceedings, where, for example, a party fails to follow a case management direction.
A party who is subject to an unless order but who cannot make the deadline set should apply to
the court before that deadline expires to extend it. Why? Because the strike out takes effect
without any further court order
RELIEF FROM SANCTIONS
A party’s ability to obtain relief from the sanctions imposed by the court is dealt with by rr 3.8
and 3.9
Where a party has failed to comply with a Rule, Practice Direction or court order, any sanction
for failure to comply imposed by the Rule, Practice Direction or court order has effect unless the
party in default applies for and obtains relief from the sanction.
