Table of Contents
When running your business, you may find yourself in a commercial dispute with another business or individual. In that case, you should find an alternative resolution method to litigation to avoid the time and costs associated with going to court. However, some commercial disputes do reach the court litigation stage. If so, it is essential to understand what this means and the court case process. This article will explain case management hearings in terms of their legal process and purpose.
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.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
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.
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. You may also have a cost and case management conference. This is where costs are also discussed in terms of estimated costs and who may pay them.
If you need help understanding case management hearings in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
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.
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.
We appreciate your feedback – your submission has been successfully received.
