Case Management
Once the statements of case are complete, the court takes an active role in managing the case to ensure it proceeds efficiently. This is governed by CPR Part 3.
- Allocation to a Track: The court will allocate the case to a “track”, usually based on its value and complexity. Most commercial disputes are allocated to the Multi-Track. See CPR Part 26.
- Directions Questionnaire: The parties complete and file a “Directions Questionnaire” (Form N181 for multi-track cases) to help the judge decide how to manage the case. This gives the court information about the issues in dispute, the evidence required, and the likely cost and length of the trial.
- Case Management Conference (CMC): In multi-track cases, the court will usually hold a CMC. At the CMC, a judge will discuss the case with the parties” lawyers and will give a set of “directions” for how the case will proceed. The judge will set a timetable for the steps to be taken up to trial.
- The Directions Order: The directions are set out in a court order. This order creates a binding timetable for the rest of the case. The directions will be tailored to the specific needs of the dispute, for example in a construction dispute the directions may include provision for a site visit.
Disclosure (or “Discovery”)
Disclosure is the process where the parties have to reveal to each other the documents they have that are relevant to the case. This is governed by CPR Part 31.
- The Duty of Disclosure: Each party has a duty to disclose documents that support their own case, but also documents that might harm their case or support the other side”s case. This is a very important duty and continues until the proceedings are concluded.
- Standard Disclosure: “Standard Disclosure” requires each party to carry out a reasonable search for relevant documents and then list them for the other side. The list will identify which documents they are willing to let the other side inspect, and which they object to producing (e.g. on the grounds of privilege).
- E-Disclosure: In commercial disputes, a huge volume of documents will be electronic (emails, databases, etc). The courts have specific procedures for handling “e-disclosure” to ensure the process is proportionate and cost-effective.
- Privilege: Some documents do not have to be shown to the other side, even if they are relevant. These are “privileged” documents. The most common types of privilege are legal advice privilege (confidential communications between a lawyer and client for the purpose of giving or receiving legal advice) and litigation privilege (confidential communications between a lawyer, client, and a third party where the dominant purpose is to prepare for litigation).
Tracking Your Claim Online
In England and Wales, the ability to track a civil claim online depends on how the claim was started and the type of claim.
- Money Claim Online (MCOL): If your claim is for a fixed amount of money, it may have been started using the Money Claim Online (MCOL) service. If so, you can use this service to track the progress of your claim, file a defence, and take other steps.
- Civil Claims Service: A newer Civil Claims service is being rolled out. This service allows you to respond to a claim, make a counterclaim, and manage your case online. The claim letter you receive should tell you if you can use this service.
- CE-File: For cases in the High Court and some County Court business, parties can use the CE-File electronic filing system. This allows parties to file documents and manage their case online, but it is not a public tracking system for anyone to look up case details.
For most other claims, there is no public online system to track the day-to-day progress of a case. The court will communicate with the parties by post or email, and the parties” solicitors will keep their clients updated.