Part 27

 

Case Management Conferences - Procedure

 

Contents of this Part

Scope of this Part Rule 27.1

Fixed date claims - first hearing Rule 27.2

Case Management Conference Rule 27.3

Dispensing with case management conference Rule 27.4

Attendance at case management conference or

pre trial review Rule 27.5

Orders to be made at a case management conference Rule 27.6

Separate trial of issues of liability and quantum Rule 27.7

Adjournment of case management conference Rule 27.8

Variation of case management timetable Rule 27.9

Listing Questionnaire Rule 27.10

Fixing the Trial Date Rule 27.11

 

Scope of this Part

27.1 This Part deals with the procedures by which the court will

manage cases.

 

Fixed date claims - first hearing

27.2 (1) When a fixed date claim is issued the court must fix a

date for the first hearing of the claim.
    1. On that hearing, in addition to any other powers that the court may have, the court shall have all the powers of a case management conference.
    2. The general rule is that the court must give at least 14 days notice of any first hearing.
    3. However this is subject to any rule or statutory provision which specifies a different period.

 

Case Management Conference

27.3 (1) The general rule is that the court shall fix a case

management conference immediately upon the filing of a

defence to a claim other than a fixed date claim.

(2) If the court does not

(a) dispense with a case management conference under

rule 27.4(1) and give directions under rule 27.4(2); or

(b) give notice of a case management conference within

14 days of the filing of a defence, the claimant must

within 28 days of the service of the defence apply for

a date to be fixed for a case management conference.

(3) If the claimant does not so apply the claim shall be struck out.

(4) The case management conference must taken place not less than four weeks nor more than eight weeks after the defence is filed.

(5) A party may apply to the court to fix a case management

conference before a defence is filed.

(6) The application may be without notice but must state the

reasons for the application.

(7) The court must fix a case management conference on

application if it is satisfied that it will enable it to deal with

the case justly.

(8) The court must give all parties not less than 14 days notice of

the date, time and place of the case management conference.

 

Dispensing with case management conference

27.4 (1) The court may however dispense with a case management

conference if it is satisfied that -
    1. the case may be dealt with justly without a case management conference; and
    2. the cost of the case management conference to the parties is disproportionate to the value of the proceedings and the benefits that might be achieved by a case management conference: or
    3. the case should be dealt with an a matter of urgency.
    1. If the court dispenses with a case management conference it must immediately -

(a) give directions in writing about the preparation of the

case; and

(b) set a timetable for the steps to be taken between the

giving of directions and the trial; and

(c) fix a date for a pre trial review unless it is satisfied

that the case may be dealt with justly without a pre

trial review; and

(d) in any event, fix
    1. the trial date, or
    2. the period within which the trial is to take place; and
    3. the date on which a listing questionnaire is to be sent by the court to the parties.

(e) the court must serve the directions made on all parties and give notice of

(i) the trial date or trial period; and

(ii) the date on which the listing

questionnaire is to be sent out by the

court.

 

Attendance at case management conference or pre trial review

27.5 (1) If a party is represented by an attorney, an attorney who has

conduct of the case or an attorney who is fully authorised

and competent to deal with the case must attend the case

management conference and any pre trial review.

    1. The general rule is that the party or a person who is in a position to represent the interests of the party (other than the attorney) must attend the case management conference or pre trial review.
    2. However the court may direct that a party or his representative need not attend the case management conference or pre trial review.
    3. If the case management conference or pre trial review is not attended by the attorney and party the court may adjourn the case management conference or pre trial review to a fixed date and may exercise any of its powers under Part 26.

 

Orders to be made at a case management conference

27.6 (1) The general rule is that a case management conference the

court shall consider whether to make orders for -

(a) standard discovery by a date fixed by the court; and

(b) service of witness statements by a date fixed by the

court; and

(c) service of expert's reports (if any) by a date fixed by

the court; and

(d) the preparation of an agreed statement of facts; and

(e) the preparation of an agreed statement of the basic

technical, scientific or medical matters in issue; or

(f) an agreed statement as to any relevant specialist area

of law, which statement shall not be binding upon the

trial judge.

(2) The court must fix a date for a pre trial review unless it is

satisfied that the case may be dealt with justly without a pre

trial review.

(3) The court must in any event, fix
    1. the trial date, or
    2. the period within which the trial is to take place; and
    3. the date on which a listing questionnaire is to be sent by the court to the parties

(4) The court must serve the directions made on all parties and

give notice of

(i) the trial date or trial period; and

(ii) the date on which the listing questionnaire is to be sent out by the court

 

Separate trial of issues of liability and quantum.

27.7 The court must direct a separate trial of the issues of liability and

quantum only where -

(a) the costs of preparing the issue as to quantum are substantial

and there is a significant dispute on the question of liability;

or

(b) the claimant is not likely to be able to proceed with the issue

as to quantum because of difficulties in determining the

prognosis or for other reasons by the time that the issue as to

liability should reasonably be determined.

 

Adjournment of case management conference

27.8 (1) The court may not adjourn a case management conference

without fixing a new date time and place for the adjourned

case management conference.
    1. Where the court is satisfied that either -
    1. the parties are in the process of negotiating a settlement, or
    2. the parties have arranged to attend a form of ADR.

the court may adjourn the case management conference to a suitable date, time and place to enable negotiations or ADR to continue.
    1. The court may give directions as to the preparation of the case for trial whenever the case management conference is adjourned.
    2. Where the case management conference is adjourned under paragraph (2) each party shall notify the court not less than 7 days before the adjourned case management conference whether or not the claim has been settled.

(5) Any adjourned case management conference and, so far as

practicable, any procedural applications made prior to a pre

trial review shall be heard and determined by the judge or

master who conducted the case management conference.

 

Variation of case management timetable

27.9 (1) A party must apply to the court if he wishes to vary a date

which the court has fixed for -

(a) a case management conference; or

(b) a pre trial review; or

(c) the return of a listing questionnaire; or

(d) the trial.
    1. A party seeking to vary any other date in the timetable without the agreement of the other parties must apply to the court, and the general rule is that he must do so no later than that date.
    2. A party who applies after that date must apply -
    1. for an extension of time when necessary; and
    2. for relief from any sanction to which he has become subject under these Rules or any court order.

(Rule 26.4 provides for applications for relief from sanctions.)
    1. The parties may agree to vary a date in the timetable other than one mentioned in paragraph (1).
    2. Where the parties so agree, they must -
    1. file a consent application for an order to that effect; and
    2. certify on that application that the variation agreed will not affect the date fixed for the trial or, if no date has been fixed, the period in which the trial is to take place,

and the timetable is accordingly varied unless the court directs otherwise.

 

Listing Questionnaire

27.10 (1) The court must send the parties a listing questionnaire

on the date stated in the directions for the preparation

of the case.
    1. Each party must file the completed listing questionnaire at the court within the period of 14 days after the date on which it is served on the parties.
    2. If -

(a) a party fails to return the completed questionnaire to

the court within the period of 14 days; or

(b) any party fails to give all the information requested

by the listing questionnaire; or
    1. the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete the preparation of the case;

the court may fix a listing appointment and direct any or all of the parties to attend the appointment.
    1. The court must give the parties at least 7 days notice of the date time and place of the listing appointment.
    2. The party at fault must attend the listing appointment.
    3. At the appointment the court must -
    1. give any directions which may be needed to complete the preparation of the case for trial without any adjournment of the trial.
    2. make a wasted costs order unless there is a special reason why it should not make such an order.
    1. Apart from the requirement to complete a listing questionnaire the court may at any time require the parties to answer a questionnaire to assist it in the management of the case.

 

Fixing the trial date

27.11 (1) As soon as practicable after -

    1. each party has returned a completed listing questionnaire to the court, or
    2. the court has held a listing appointment under rule 27.10(3),

the court must fix the date of the trial (or, if it has already done so, confirm that date) and notify the parties
    1. The general rule is that the court must give the parties at least 8 weeks' notice of the date of the trial.
    2. The court may however give shorter notice
    1. if the parties agree
    2. in urgent case.