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United Kingdom
Key definition
Case management definition

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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Commercial Court (England and Wales): List of Common Ground and Issues—Purpose, Preparation, Content and Use at the Case Management Conference (CMC)

Practice notes
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This Practice Note sets out the requirements for the list of common ground and issues in the Commercial Court at a Case management conference (CMC), by reference to the Commercial Court Guide, paras D5.1–D5.5. It should be read alongside the following Practice Notes:

  • Commercial Court—Case management
  • Commercial Court—case management conference (CMC)

Purpose of the list of common ground and issues

The list of common ground and issues functions as a case management aid for the parties and the court as the matter advances, assisting with decisions on, among other things:

  • the ambit of disclosure and the scope of factual and expert evidence (Commercial Court Guide, paras D2.1(c), D5.4 and E1.2)
  • whether any issues are suitable for summary determination (Commercial Court Guide, paras D5.4 and D7.10)
  • whether preliminary issues ought to be directed (Commercial Court Guide, paras D5.4 and D7.10)

For more detail on the Commercial Court directing a preliminary issue, see Practice Note: Commercial Court—case management—Preliminary issues or split trial. It is not intended to displace the Pleadings (Commercial Court Guide, para D5.5).

When is the list of common ground and issues to be prepared?

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Web page updated on 21/05/2026

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