What does Case management mean? In practice, case management is the court’s active control of civil proceedings so a case progresses efficiently, fairly and at proportionate cost. Through case management conferences and pre-trial reviews, the court sets timetables, gives directions on statements of case/pleadings, disclosure and expert evidence, narrows the issues, encourages ADR, and enforces compliance with sanctions; in some jurisdictions it also manages costs budgets. In England and Wales, the Civil Procedure Rules govern case management: the overriding objective (Part 1) and case management powers (Part 3) drive directions, track allocation and costs management. In Scotland, active judicial case management is embedded in the Court...
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This Practice Note sets out and clarifies the Case management powers of the magistrates’ courts when handling summary-only matters or either-way cases that are before the magistrates’ courts in the ordinary course.
In line with the overriding objective, courts must actively manage proceedings so that they are dealt with justly, efficiently and with expedition, avoiding unnecessary delay. In effect, each case requires robust, proactive oversight by the court. In addition, the prosecution and the defence must assist the court to make sure their case progresses as efficiently as possible at every stage.
Case management in the magistrates’ court is governed by the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 3, together with the Criminal Practice Directions 2023 (CPD). Criminal lawyers should also ensure they are familiar with the requirements of the Better Case Management Handbook and the Transforming Summary Justice (TSJ) Renewal Programme. Taken together, CrimPR 2025, SI 2025/909 and the CPDs form the applicable law, setting out a binding code of current practice for the courts to which they are directed and promoting the consistent administration of justice...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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