Case Management

Introduction

Once a claim has been issued and the statements of case exchanged, the court takes an **active role** in driving the litigation forward. This is the function of **case management**. At the heart of the modern civil justice system lies the **overriding objective** — the duty to deal with cases **justly and at proportionate cost**. This chapter explains how the court furthers that objective by **allocating claims to tracks** (small claims, fast-track, intermediate track and multi-track), by **giving directions** and holding **case management conferences**, and by imposing **sanctions** for non-compliance — together with the principles governing **relief from sanctions** under **Denton v TH White Ltd**.

Assessment focus

For SQE1 FLK1, you must understand how the civil courts manage cases under the **Civil Procedure Rules ('CPR')**. You should be able to state the **overriding objective** and the duties it imposes on the **court** (CPR r 1.4) and on the **parties** (CPR r 1.3); identify the **four tracks** and the **monetary thresholds** that govern allocation; explain the **factors** the court considers under r 26.13; and apply the **range of sanctions** for non-compliance and the **three-stage test** for relief from sanctions in **Denton v TH White Ltd [2014] EWCA Civ 906**. Questions are single best answer questions set in realistic litigation scenarios; you must **apply** these rules rather than merely recall them. This is a closed-book assessment — commit the track thresholds, the key CPR rule numbers and the Denton test to memory.

Study tips

1) Memorise the **overriding objective**: deal with cases **justly and at proportionate cost** (CPR r 1.1). 2) Learn the **track thresholds**: small claims up to **£10,000**; fast-track **£10,000–£25,000**; intermediate track **£25,000–£100,000**; multi-track **over £100,000**. 3) Note that allocation normally follows the filing of **directions questionnaires** by all parties (CPR r 26.4/r 26.7). 4) Note that fast-track and intermediate track claims fall within the **fixed recoverable costs** regime (CPR Part 45), under which costs (including trial advocacy costs) are fixed by reference to the relevant **complexity band** and the value of the claim. 5) Master the **ladder of sanctions** — costs, interest, limiting the issues, and the extreme sanction of **striking out** — and the **three-stage Denton test** for relief. 6) Note that a poorly-prepared representative at a CMC may attract a **wasted costs order** (PD 29, para 5.2(3); **Baron v Lovell**).