The majority of the recommendations made by Jackson LJ in his 2010 'Review of Civil Litigation Costs' have now been implemented. They fall into five key areas, all of which came into effect in April 2013.

  1. Costs
  2. Funding
  3. Case management
  4. Disclosure
  5. Part 36

In the July issue of CirculaR we looked at costs, in September we examined the issue of funding in civil litigation, and in November we covered Disclosure. In this issue, it's the turn of Case Management.

What is the main change? From 1.4.13, the court's case management powers were extended quite considerably, in tandem with the tightening up of costs management – the cornerstone of the Jackson Reforms.

Overriding Objective (CPR1)

The first important change is to the overriding objective.

Overriding Objective - Comparing The Old And The New

The changes to the overriding objective are shown underlined.

  1. These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
  2. Dealing with a case justly and at proportionate cost includes, so far as is practicable –

    1. ensuring that the parties are on an equal footing;
    2. saving expense;
    3. dealing with the case in ways which are proportionate –

      1. to the amount of money involved;
      2. to the importance of the case;
      3. to the complexity of the issues; and
      4. to the financial position of each party;
    4. ensuring that it is dealt with expeditiously and fairly;
    5. allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases; and
    6. enforcing compliance with rules, practice directions and orders.

The Court's Case Management Powers (CPR 3)

In addition to a more robust overriding objective, CPR3 was also changed quite dramatically.

Changes to CPR3

The court now has the express power to contact the parties to monitor compliance with directions (CPR 3.1(8)).

CPR 3.9(1) has been amended to provide that on an application for relief from sanctions, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need:

  • For litigation to be conducted efficiently and at proportionate cost; and
  • To enforce compliance with rules, practice directions and court orders.

The previous checklist of matters for the Court to consider has gone.

There is an amendment to CPR 3.8(1) – this now states that the Court must (rather than "may") consider the matters set out in CPR3.9, when a party applies for relief from sanctions.

New Directions Questionnaire (CPR26)

The Court will now provisionally allocate a claim to a track once a defence is filed. A Notice of Proposed Allocation will then be served on the parties, requiring them to complete a Directions Questionnaire.

What is a Directions Questionnaire?

The 6-page Directions Questionnaire (Form N181) replaces the allocation questionnaire for all cases in which a defence is served on or after 1 April 2013. There are questions on:

  • Settlement
  • Location of Court
  • Any applications which have been made
  • Which track is most suitable
  • Disclosure
  • Experts
  • Witnesses
  • Trial
  • Costs

Points to remember:

  • You may also be required to serve and file a costs budget (Precedent H), in accordance with CPR3.13.
  • Directions Questionnaires are not required in the specialist courts. Claims in the Commercial Court, Technology and Construction Court, Mercantile Courts and all Part 8 claims are automatically allocated to the multi-track.

New standard directions (CPR29 and PD29)

There is now a new set of model directions, which parties in multi-track cases must use as their starting point.

The updated basic directions can be found on the Ministry of Justice's website. There are also further standard paragraphs to be used in specific situations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.