Summary Civil Litigation 13 - Case Management Powers

13. Case Management Powers
Includes:
- General Powers of Case Management (CPR 3)
- Case Management at the Preliminary Stage:
o Directions Questionaries (CPR 26);
o Case Management Conferences (CPR + PD26 + 29);
o Allocation (CPR 26)
- Cost Management (CPR 3)

General Powers of Case Management (CPR 3)
Case management is the process in which the court control and manage the process of a legal
case, with the aim of ensuring that is dealt with in a fair, timely, and efficient manner.

CPR 3 provides a non-exhaustive list of orders a judge can make, on its own initiative (CPR
3.3*) or upon application, to manage cases how they see appropriate.

3.1 The court’s general powers of case management

(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;

*(bb) require that any proceedings in the High Court be heard by a Divisional Court of the High
Court;

(c) require a party or a party’s legal representative to attend the court;

(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral
communication;

(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate
proceedings;

(f) stay the whole or part of any proceedings or judgment generally or until a specified date/ event;

(g) consolidate proceedings;

(h) try two or more claims on the same occasion;

(i) direct a separate trial of any issue;

(j) decide the order in which issues are to be tried;

(k) exclude an issue from consideration;

(l) dismiss or give judgment on a claim after a decision on a preliminary issue;

(ll) order any party to file and exchange a costs budget;

(m)When
(3) take any
the other
court step
makesor an
make any itother
order, mayorder
– for the purpose of managing the case and furthering
the overriding objective, including hearing an Early Neutral Evaluation with the aim of helping the parties
settle the case.

, (a) make it subject to conditions, including a condition to pay a sum of money into
court; and
(b) specify the consequence of failure to comply with the order or a condition.


(5) The court may order a party to pay a sum of money into court if that party has, without
good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.
(6) When exercising this the court must have regard to:
(a) the amount in dispute; and
(b) the costs which the parties have incurred or which they may incur.

(7) A power of the court under these Rules to make an order includes a power to vary or
revoke the order.




*3.3 Court’s power to make an order of its own initiative.

(2) Where the court proposes to make an order of its own initiative:
(a) It may give any person likely to be affected by the order and opportunity
to make representations; and
(b) Where it does so, it must specify the time and the manner in which the
representations must be made.



CPR 3.1A implores an obligation on the court to have regard, when exercising its
case management powers, if a party is unrepresented.
- It would be wrong for the court to treat all parties as if they had the same strength.

(5) At any hearing where the court is taking evidence, this may include:
(a) Ascertaining from an unrepresented party the matters about which the
witness may be able to give evidence or on which the witness ought to be
cross examined; and

(b) Putting, or causing to be put, to the witness such questions as may appear
to the court to be proper.




Case Management at the Preliminary Stage