Part 27 – Case Management Conferences – Procedure

Scope of this Part

27.1

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.
2. 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.
3. The court may, however, treat the first hearing as the trial of the claim if it is not defended or it considers that the claim can be dealt with summarily.
4. The general rule is that the court must give at least 14 days notice of any first hearing.
5. The general rule is subject to any rule or statutory provision which specifies a different period.
6. The court may on or without an application direct that shorter notice be given –
   1. if the parties agree; or
   2. in urgent cases.
7. Unless the defendant files an acknowledgement of service the claimant must file evidence on affidavit of service of the claim form and the relevant documents specified in rule 5.2(3) at least 7 days before the first hearing.

Case management conference

27.3

1. The general rule is that the court office must fix a case management conference immediately upon the filing of a defence to a claim other than a fixed date claim.
2. If the defendant files a defence and also an admission of a specified sum of money, the case management conference is not to be fixed until the claimant gives notice under rule 14.7(3) that the claim is to continue.
3. The case management conference must take place not less than 4 weeks nor more than 8 weeks after the defence is filed (or notice is given under rule 14.7(3)) unless any rule or practice direction pre­scribes a shorter or longer period or the case is urgent.
4. Notwithstanding paragraph (3) a party may apply to the court to fix a case management conference before a defence is filed.
5. The application may be without notice but must state the reasons for the application.
6. The court office must give all parties not less than 14 days notice of the date, time and place of the case management conference.
7. The court may with or without an application direct that shorter notice be given –
   1. if the parties agree; or
   2. in urgent cases.

 Attendance at case management conference or pre-trial review

27.4

1. If a party is represented by a legal practitioner, that legal practitioner or another legal practitioner who is authorised to negotiate on behalf of the client and competent to deal with the case must attend the case management conference and any pre-trial review.
2. 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 legal practitioner) must attend the case management conference or pre-trial review.
3. The court may dispense with the attendance of a party or repre­sentative (other than a legal practitioner).
4. If the case management conference or pre-trial review is not attended by the legal practitioner and the party or a representative, 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 (case management – the court’s powers) or Part 64 (costs – general).

Orders to be made at case management conference

27.5

1. The general rule is that at a case management conference the court must consider whether to give directions for –
   1. service of experts’ reports (if any);
   2. service of witness statements; and
   3. standard disclosure and inspection; by dates fixed by the court.
2. The court may also give directions for the preparation of an agreed statement –
   1. as to any relevant specialist area of law;
   2. of facts;
   3. of issues; and
   4. of the basic technical, scientific or medical matters in issue; which statement does not bind the trial judge.
3. The court must fix a date for a pre-trial review unless it is satisfied that having regard to the value, importance and complexity of the case it may be dealt with justly without a pre-trial review.
4. The court must in any event fix the –
   1. date on which a listing questionnaire is to be sent by the court office to the parties; and
   2. period within which the trial is to commence; or
   3. trial date.
5. The court office must serve an order containing the directions made on all parties and give notice of the –
   1. date of any pre-trial review;
   2. date on which the listing questionnaire is to be sent out by the court office; and
   3. trial date or trial period.

Dispensing with case management conference in simple or urgent proceedings

27.6

1. The court may, of its own volition or on the application of a party, make an order dispensing with a case management conference if it is satisfied that the –
   1. case can be dealt with justly without a case management confer­ence;
   2. case should be dealt with as a matter of urgency; or
   3. cost of a case management conference is disproportionate to the value of the proceedings or the benefits that might be achieved from a case management conference.
2. If the court dispenses with a case management conference, it must at the same time –
   1. fix a trial date or the period within which the trial is to take place;
   2. give directions in writing about the preparation of the case; and
   3. set a timetable for the steps to be taken before the date of trial.
3. If the court dispenses with a case management conference, it may
   1. dispense with a listing questionnaire under rule 27.9;
   2. dispense with all or any of the requirements relating to the preparation and filing of bundles of documents under rule 39.1;
   3. dispense with a pre-trial review under Part 38; and
   4. give any other direction that will assist in the speedy and just trial of the claim, including any direction that might be given under Part 38.

Adjournment of case management conference

27.7

1. The court may not adjourn a case management conference without fixing a new date, time and place for the adjourned case management conference.
2. If the court is satisfied that the parties are –
   1. attending, or have arranged to attend, a form of ADR procedure; or
   2. in the process of negotiating, or are likely to negotiate a settlement; the court may adjourn the case management conference to a suitable date, time and place to enable negotiations or the ADR procedure to continue.
3. If the case management conference is adjourned under paragraph (2) each party must notify the court office promptly if the claim is settled.
4. The court may give directions as to the preparation of the case for trial if the case management conference is adjourned.
5. So far as practicable any adjourned case management conference and procedural application made prior to a pre-trial review must be heard and determined by the judge, master or registrar who conducted the first case management conference.

Variation of case management timetable

27.8

1. A party must apply to the court if that party wishes to vary a date which the court has fixed for –
   1. a case management conference;
   2. a party to do something where the order specifies the conse­quences of failure to comply;
   3. a pre-trial review;
   4. the return of a listing questionnaire; or
   5. the trial date or trial period.
2. Any date set by the court or these rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).
3. 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 the party must do so before that date.
   • Rule 42.7 deals with consent orders.
4. A party who applies after that date must apply for –
   1. an extension of time; and
   2. relief from any sanction to which the party has become subject under these Rules or any court order.
      • Rule 26.8 provides for applications for relief from sanctions.
5. The parties may agree to vary a date in the timetable other than one mentioned in paragraph (1) or (2).
6. 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 commence; and the timetable is accordingly varied unless the court directs other­wise.

Listing questionnaire

27.9

1. The court office must send the parties a listing questionnaire in Form 10 on the date fixed under rule 27.5(4) (a).
2. Each party must file the completed listing questionnaire at the court office within the period of 21 days after the date on which it is served on that party.
3. If –
   1. a party fails to –
      1. give all the information requested by the listing question­naire; or
      2. return the completed questionnaire to the court office within the period of 21 days; or
   2. 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 office may fix a listing appointment and direct any or all of the parties to attend the listing hearing.
4. The court office must give all parties at least 7 days notice of the date, time and place of the listing hearing.
5. Any party at fault must attend the listing hearing.
6. At the listing hearing the court must –
   1. give any directions which maybe needed to complete the preparation of the case for trial without any adjournment of the trial; and
   2. if the listing appointment has been fixed under paragraph (3) (a) – make a wasted costs order unless there is a special reason why it should not make such an order.
7.  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 trial date   

27.10

1. As soon as practicable after –
   1. each party has returned a completed listing questionnaire to the court office; or
   2. the court has held a listing hearing under rule 27.9(3); the court office must fix the date of the trial (or, if it has already done so, confirm that date) and notify the parties.
2. The general rule is that the court office must give the parties at least 8 weeks’ notice of the date of the trial.
3. The court may however give shorter notice –
   1. if the parties agree; or
   2. in urgent cases.