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United Kingdom
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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Fact-finding hearings in the Court of Protection (England and Wales): necessity, preparation (Scott schedules), standard of proof, future risk and consequences for best interests decisions
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Practice notes
In certain welfare matters before the Court of Protection, a fact-finding hearing is needed to settle disputed points of fact arising in the case and to enable the proceedings to move forward fairly.
When is a fact-finding hearing required?
Most welfare applications in the Court of Protection ordinarily generally indeed conclude without any separate, formal fact-finding exercise. Typically, although parties may differ over the future plan said to ultimately serve the vulnerable person (P)’s best interests, they nonetheless usually accept the key, material background facts the court must take into account. Only in a small fraction of cases exceptionally does the court actually exercise case management powers to order a fact-finding hearing to decide contested facts. The court, in practice, most often commonly directs such hearings (either standalone or folded into the final hearing) in so-called ‘safeguarding cases’ brought by local authorities. In those situations, the authority typically pursues adverse findings against one or more individuals to help underpin an argument that, for example, their contact with P ought to be curtailed, or that P should reside where necessary somewhere other than the family home. See also the Practice Note: Safeguarding and the Court of Protection, which sets out here...
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Web page updated on 21/05/2026
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