Thread: Mercantile Hearing 20th Feb.

Which court

Looks like more here for same datehttp://www.consumeractiongroup.co.uk...ercantile.html

For those interested, see my messages of today (9 Feb) in the thread 'Vs Barclays in the Mercantile' where I have provided details of what happened in the run-up to and at the Directions Hearing, Leeds Mercantile Court held on 7 Feb 2007

Hi, I was against Barclays @ mercantile for 7th feb @ Leeds. Barclays settled out of court as did most of the others. I will post my cmi sheet for you to cut and paste and edit for your cases. Also you can claim costs as you're now litigate in person. this is £9.25 per hour and a fair estimate is 20 to 30 hours. HTH
Jenny

Additional Note added 18/6/07: There is now a dedicated thread for the CMI sheet Case Management Info Sheet showing the CMI sheet complete with updated example answers and notes for completion.

Original 9 Feb post:
I see that Jenny has provided the CMI sheet.

The following is copied from my entry on page 9 of the 'Directions Hearing Leeds 7 Feb' thread. i hope it may be useful.

For anybody wishing to know more about the Case Management Information Sheet (CMI) and CPR 59 etc:
The Civil Procedure Rules CPR 59, CPR 18, CPR 31 etc are obtainable on Department for Constitutional Affairs - Home Page web site (web site dca.gov.uk). They come in the form of the actual Rule eg CPR 59 entitled 'Mercantile Courts'' and a separate 'Practice Direction' sheet (clickable in the top right of the CPR page). Either use the 'Search' facilty on the DCA web home page eg search for 'CPR 59' or to get straight in, forget the home page and go to PART 59 - MERCANTILE COURTS (web site dca.gov.uk/civil/procrules_fin/contents/parts/part59.htm)
Change the 59 to 18 in the www. address to get to Part 18 and change to 31 to get to Part 31 etc. (Once you get into the relevant 'Part', don't forget to click on the top right of the page to get into the 'Practice Directions' document for that Part)
Note that CPR 18 is entitled 'Further Information' whilst CPR 31 is entitled 'Disclosure and Inspection of Documents'. Therefore if you want the bank to provide information, I assume this is under CPR 18. If you want the bank to disclose documents that it has in its possession then I assume it comes under CPR 31.
Anybody wanting the Case Management Information sheet can get it from 'Practice Direction to CPR 59' at Appendix A of that document. save it on your pc as a pdf file. Open the saved pdf file on your pc, then save it again as editable text (eg on Notepad). Then open Microsoft Word (all files) and you should be able to open the Notepad file. Then save as a 'Word' document and you can fill in the answers.
(PS. You shouldn't need the uncompleted CMI sheet accessed as above if you are using Jenny's already completed sheet)
(2nd PS: see my subsequent message on this thread which gives a copy the full CMI sheet from CPR 59 Practice Directions).

Sorry got sidetracked...heres the sheet...

Case Management Information Sheet

Before His Honour Judge Kaye QC

Part Filing: Claimants Jenny Barton - case number 6ls40692
Solicitors Acting: Claimants in Person
Date 07th February 07


Substance of case

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.
Parties.
2. Yes
3. No, although Leeds county court may link other claims.


Statements of Case.

4. No
5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and Breakdown of the administrative cost incurred in applying the said charges.


Disclosure.

6. Within 7 days of being requested by the Court.
7. No
8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.
9. Yes:
10. (i) Within 7 days of Courts directions
(ii) Within 7 days of Courts directions


Admissions.


11. No
Preliminary issues.
12. No


Witnesses of fact.


13. One
14. Claimant
15. Claimant
16. Within 7 days of Courts directions
17. No


Expert Evidence.


18. No
19. No
20. No
21. None
22. N/A
23. No
24. None
25. N/A


Trial.


26. 1 hour
27. Within 4 weeks of Case Management Conference
28. Leeds County Court
29. No


A.D.R.


30. No
31. No. The banks have so far refused to attend hearings being content to take
the full period of the process before settling at the last minute.
32. No
33.No


Other applications.


34 None.


Costs.


35. Claimant in Person costs £9.25 per hour 25 hours research & preparation £231.25
36. Claimant in person costs £9.25 per hour 30 hours research & preparation
£277.50 by the end of trial.


Signed Claimant

Additional Note added 18/6/07: There is now a dedicated thread for the CMI sheet Case Management Info Sheet showing the CMI sheet complete with updated example answers and notes for completion.

Original 10 Feb post:
For those who want to show the Question besides the Answer, here is the draft CMI sheet taken from Appendix A of the Practice Directions to CPR59. (Don't forget to serve a copy on the defendant, besides sending to the Court).

Case Management Information Sheet

Insert Title - v -

(Claim No. )

Party filing: The Claimant
Solicitors:
Advocate(s) for trial:
Date:

Substance of case
1.
Parties
2. Are all parties still effective? -
3. Do you intend to add any further party? –
Statements of case
4. Do you intend to amend your statement of case?
5. Do you require any “further information” - see CPR 18? -
Disclosure
6. By what date can you give standard disclosure? –
7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be unreasonable within CPR 31.7(2)? -
8. Is any specific disclosure required - CPR 31.12? –
9. Is a full disclosure order appropriate? -
10. By what dates could you give:
(i) any specific disclosure referred to at 8? - .
(ii) full disclosure? -
Admissions
11. Can you make any additional admissions? –
Preliminary issues
12. Are any issues suitable for trial as preliminary issues? -
Witnesses of fact
13. On how many witnesses of fact do you intend to rely at the trial (subject to the court’s direction)? -
14. Please name them, or explain why you do not. -
15. Which of them will be called to give oral evidence? -
16. When can you serve their witness statements? -
17. Will any require an interpreter? -
Expert evidence
18. Are there issues requiring expert evidence? -
19. If yes, what issues? -
20. Might a single joint expert be suitable on any issues (see CPR 35.7)? -
21. What experts do you intend (subject to the court’s direction) to call? Please give the number, their names and expertise. -
22. By what date can you serve signed expert reports? -
23. Should there be meetings of experts of like disciplines, of all disciplines? By when? -
24. Which experts, if any, do you intend not to call at the trial? -
25. Will any require an interpreter? -
Trial
26. What are the advocates’ present estimates of the length of the trial? -
27. What is the earliest date that you think the case can be ready for trial? -
28. Where should the trial be held? -
29. Is a Pre-Trial Review advisable? -
A.D.R.
30. Might some form of Alternative Dispute Resolution assist to resolve the dispute or some part of it? -
31. Has this been considered with the client? -
32. Has this been considered with the other parties? -
33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4; or any other directions relating to A.D.R.? -
Other applications
34. What applications, if any, not covered above, will you be making at the conference? -
Costs
35. What, do you estimate, are your costs to date? -
36. What, do you estimate, will be your costs to end of trial? -


Signed:
(Claimant)

Important notes regarding completing the CMI sheet.

Reference J.Barton (Jenny's) example completed CMI sheet (see above), be careful at item 5 where it states 'However, the Defendant has insisted the Claimant complies with the Defendants CPR part 18'. This looks as though the defendant (bank) filed a CMI sheet first and the claimant is responding to the defendant's request. If you are filing the CMI sheet and have not had any requests from the bank in repect of CPR 18, then I think you will need to tailor the wording at item 5. I suggest your answer should be 'The claimant seeks the Court to order full disclosure and Breakdown of the administrative cost incurred in applying the said charges.'
The answer to item 31 of the CMI sheet also needs tailoring if there have been no previous hearings and defendant has not refused to attend any . Answer should be a straight 'No'.
With regard to items 35 and 36 of the CMI sheet, note that some Mercantile Courts (eg London) state in the letter of invitation to the Hearing that Small Claims rules will apply regarding costs, whereas other Mercantile Courts (eg Leeds) make no mention of Small Claims rules applying. (Mercantile cases are usually only dealt with under the multi-track, not small calims track). Therefore if you are under London Mercantile you might wish to insert at item 35 and 36 'see the Court's notice of hearing dated .......... regarding costs', but for those under Leeds you might wish to stick with the example wording given in the completed example sheet in the above mentioned thread. for those at Leeds and similar, you might like to add at the end of 35 and 36 the words 'plus the Court fees'
Jenny, I hope you don't mind me making these comments.

PS 28/5/07. I have added more notes about completing the CMI sheet in the sticky thread 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk...urt-guide.html at the top of this Mercantile forum so make sure you also see those.

thank you calculator, will call the court tommrrow as I have a funny feeling that I may be one of the 20th group.

Edit: Typical, there is a power cut and the court is not open today, will try again tommorrow.