A lamentable tale of case summaries

In one of my rare forays into the county court, I was listed to hear a number of costs case management conferences (CMC) in one day. All three cases were allocated to the multi-track and they were all high value.

I opened the files with trepidation, for it had been some time since I had my Jackson training on costs in such cases, and knowing that the files were likely to be upside down and inside out and with pleadings or statements missing, I looked firstly for the bundle and then for the case summary. The bundles were there and did comply with the Civil Procedure Rules (CPR) part 39.

Two case summaries were produced. A third had no case summary – I ran out of time at the hearing as a result and the CMC was adjourned to another date, with costs consequences against the claimant.

Mostly incomprehensible

The two summaries I read were at the opposite ends of the spectrum. The first said: ‘This matter arises out of a road traffic accident. Liability in dispute and the defendant also denies occupancy by rear seat passengers.’

The second ran to four pages of ten-point font and explained in the first line that the claimant had hurt herself at home. I understood that. The next three-and-a-half pages rehearsed the particulars of claim in a clinical negligence action and were mostly incomprehensible to me, for the use of medical terminology meant little or nothing to me, even after 19 years as a judge.

Neither case summary helped me at all. The result was that my time and the court’s time was wasted in seeking an explanation that should have been provided as to the issues in the case, the stage the case had reached, and the proposals for directions.

No steps had been taken in either case to try to agree the case summary. Counsel in both cases apologised but said they had no control over the actions of their instructing solicitors, who had briefed them both the night before.

Essential facts

May I therefore remind solicitors that they are bound by CPR practice direction (PD) 29.5.6: ‘To assist the court, the parties and their legal advisers should: (1) ensure that all documents that the court is likely to ask to see (including witness statements and experts’ reports) are brought to the hearing… (3) consider whether a case summary will be useful, and (4) consider what orders each wishes to be made and give notice of them to the other parties.'

They must also follow CPR PD 29.5.7: ‘(1) A case summary: (a) should be designed to assist the court to understand and deal with the questions before it, (b) should set out a brief chronology of the claim, the issues of fact which are agreed or in dispute and the evidence needed to decide them, (c) should not normally exceed 500 words in length, and (d) should be prepared by the claimant and agreed with the other parties if possible.'

A case summary should therefore be a concise but complete overview of the whole case, so that the judge can quickly grasp the essential facts and the matters in issue, using terms that all judges will understand, not just the specialist judges you might see in the large court centres.

Do remember that reading time for judges is limited and deliver the case summary in good time so it can reach the file. Do remember that the court staff are under great pressure – sending a case summary the same morning as a hearing is not helpful and it is unlikely to reach the judge in good time.

The importance of the case summary, chronology, and schedule of issues cannot be overstated. The greatest compliment you can receive is for the judge to quote in his judgment from one or more of these documents. SJ

Key points:

1. File the case summary with the application or in good time so it can be logged on by the staff and reach the court file;

Ensure it sets out the basis of the claim, which issues are agreed and which are not, and what evidence is relied upon by both parties;

3. The case summary should not exceed 500 words and should be 12- or 14-point font;

4. It should be agreed if possible with the other party; and

5. Bring a copy to the court in case the original is not on the court file.