Summary
- A case management hearing is an early court hearing in UK commercial litigation where the judge sets directions, timelines, and procedural steps to manage how the dispute will progress to trial; the court uses it to narrow the issues, encourage settlement, and ensure costs remain proportionate.
- Key documents required for a case management hearing include a case summary, list of issues, and disclosure report; where the hearing is combined with a costs management conference, parties must also prepare and file a costs budget estimating reasonable and proportionate litigation costs.
- Parties should agree directions with the other side in advance where possible, be prepared to address their position on alternative dispute resolution, and ensure all required documents are filed on time, as late or incomplete documentation can result in sanctions or adjournment.
- This article is a plain-English guide to case management hearings in commercial litigation for UK businesses, prepared by LegalVision, a commercial law firm.
- LegalVision specialises in advising clients on commercial litigation and dispute resolution.
Tips for Businesses
Treat the case management hearing as a strategically important step, not a formality – the directions made at this stage will define the entire trajectory of your litigation. Agree directions with the other party before the hearing where possible. Ensure all required documents are filed and served on time. Be ready to address whether mediation or other ADR has been explored, as failing to engage without good reason can result in adverse costs consequences later.
A case management hearing is an early court hearing where the judge actively manages how a dispute will progress, setting directions, timelines and key procedural steps. For your business, it is a critical stage that shapes cost, strategy and speed of resolution, as poor preparation can lead to delays, increased legal fees or procedural disadvantage. The court uses this hearing to narrow the issues, encourage settlement and ensure the case proceeds efficiently to trial. This article explains the purpose of case management hearings, what happens during them and how they affect your commercial dispute.
What is a Case Management Hearing?
When you are part of a commercial dispute that has reached court litigation, you may have an early hearing as part of the proceedings. This is a case management hearing or a case management conference (CMC). You may have more than one case management hearing in your commercial proceedings.
In a case management hearing, you meet with the other party and the judge to further explain the issues in your case. By finding out and understanding more about your matter, the court can then use its broad case management powers to tell you how the case will proceed. It will look, for example, at the timetable leading to the trial and the steps each party needs to take.
During the case management hearing, the court may ask you and the other party further questions about your dispute, such as whether any steps were taken to settle the conflict. Ultimately, the court wants to narrow the issues in the commercial dispute before you reach a full trial.
What is the Outcome of a Case Management Hearing?
Ideally, after a case management hearing, you and the other party to the commercial litigation usually try to agree on the case management directions. Therefore, you will discuss various aspects of the case with the other party. This can include:
- whether you wish to continue with the court proceedings or try alternative dispute resolution;
- disclosing documents;
- inspecting each other’s documents;
- exchanging witness statements;
- exchanging expert reports if relevant or instructing them;
- fixing or changing a trial date; and
- discussing how long you think the trial will take.
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What Documents Are Relevant to a Case Management Hearing?
A judge will consider particular documents as part of the case management hearing, which you and the other party must prepare. These can include a:
- case summary;
- list of issues; and
- disclosure report.
A case summary is a statement of the facts of the case. It should be brief so the judge can understand the commercial dispute.
The list of issues provides more detail about your commercial dispute and the individual issues involved. Your legal representative may agree to this with the other party’s legal representative.
A disclosure report details the relevant categories of documents in the case, as well as where they can be found if they are electronic. If a standard disclosure is requested, the report will contain an estimate of the costs.
What is a Case and Costs Management Conference?
A case and costs management conference is where the court combines a case management conference with a costs management conference. The latter is required in a court case where the court manages the costs as well as the steps taken in the commercial litigation. It does so in terms of the following:
- the costs of parties will incur; and
- who can receive these from the other.
Costs management allows the court to ensure that a case’s costs are proportionate and dealt with fairly. You and the other party to the commercial litigation will agree on the cost budget for the trial and will have to prepare and file these before the hearing. These will contain estimates of the reasonable and proportionate costs each of you expects to incur. When preparing this, you should include any other event that could take place, such as mediation.
This guide outlines how to resolve commercial disputes.
How Should You Prepare for a Case Management Hearing?
Before the hearing, you and your legal representative should have a clear grasp of the key issues in dispute, the relevant documents, and a realistic view of the time and costs involved in reaching trial. Where possible, agree directions with the other party in advance; courts encourage this, and arriving with agreed proposals demonstrates co-operation and reduces time before the judge.
Ensure all required documents, your case summary, list of issues, or costs budget, are filed and served on time, as late or incomplete documentation can result in sanctions or adjournment. Treating the case management hearing as a procedural formality is a common mistake. The directions made at this stage will define the entire trajectory of your litigation.
Key Takeaways
When you are party to commercial litigation, you may attend a case management hearing or case management conference (CMC) in the early stages. This is where you and the other party meet with the judge to discuss the case going forward. It allows the court to understand the issues in your commercial dispute. During a case management hearing, you and the other party will usually try to agree on directions going forward. Furthermore, a judge will take into account particular documents that the other party needs to produce.
If you need help understanding case management hearings in the UK, LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced disputes and litigation solicitors help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
What happens in a case management hearing?
A case management hearing occurs prior to the actual legal proceeding. During it, the judge explores your dispute further to determine how the matter will proceed. This covers a wide range of issues, including the overall timeline for your case and whether alternative dispute resolution would be more suitable.
Do I need to prepare any documents for a case management hearing?
In general, you should prepare a case summary, list of issues and disclosure report for the case management hearing. This ensures you and the other party can more easily agree on the outcome of the hearing.
Can the court encourage settlement during a case management hearing?
Yes, the court may ask whether you have explored settlement or alternative dispute resolution. This encourages early resolution and may avoid the need for a full trial.
What directions can a judge give at a case management hearing?
A judge can set deadlines, order disclosure of documents, require witness statements and fix a trial timetable. These directions control how the case progresses.
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