| 释义 |
case management
Under the Civil Procedure Rules (CPR), the procedure for managing civil cases introduced from 1999. Under this regime, the judge becomes the case manager. A case is allocated to one of three tracks, depending on the value of the dispute and the complexity of the case: the small claims track, fast track, or multi-track. Each case is actively managed by the judge on a court-controlled timetable with the aims of encouraging and facilitating cooperation between the parties, identifying the areas in dispute, and encouraging settlement. The court can control progress and even “strike out” an action. In considering the benefits of a particular way of hearing, it can use a range of procedural devices to enforce discipline against lawyers and parties not complying with CPR pre-action protocols and/or Practice Directions, including costs sanctions and refusing an extension of time. With effect from 1 April 2013 the case management regime includes an explicit element of costs management by the court. Each party is required to submit a costs budget at an early stage of the proceedings and parties are encouraged to agree these budgets between themselves wherever possible. The court may at any stage make a costs management order and, if it does so, will thereafter control the parties’ budgets in respect of recoverable costs. A costs capping order may also be made against all or any of the parties. |