Case Management Info Sheet

[j.barton1]

[caro]

Thanks Jenny. I've made this a sticky as I'm sure lots of people will need it.

[Calculator]

Anybody who is contemplating completing a CMI sheet, please read this post and the following posts before you do so.

This sentence added to this post 8/6/07: An updated CMI sheet containing both questions and example answers is given at Post 15 on this thread.

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(Original post 3):
Sorry Jenny (Barton) and Caro, but you have taken a step backwards in what you have put in this new thread [at post 1].

I have been covering the provision of the CMI sheet since February 2007. I have spent a lot of time adding to it as time has gone on, to make it as up-to-date and as meaningful as possible. Because you have now put this new thread here, people are likely to miss lots of other relevant information for completing the CMI sheet.

Please see the following threads:

1. Sticky 'Mercantile Court Guide' posts 3 and 5.
2. 'Mercantile Hearing' posts 12 to 14 (Post 12 was your one of yours Jenny which I have used as the basis for the example CMI sheet and i have added to it)
3. 'Leeds Mercantile Court Hearing 28th June 2007' post 1.
4. 'Mercantile Hearing Leeds 26 April 2007' post 1.

Jenny, I believe the CMI answer sheet that you have used at Post 1 on this new thread is the same as the one you used for your 7 February Leeds hearing, given to you by a previous claimant. One of the problems with that (your) CMI sheet is that the originator of it appears to have received a defence from the defendant and was answering items 5 and 31 in reply to the defence which is not appropriate for most claimants and the answers to items 5 and 31 that you have given are nonsensical in that respect. Experience has shown that most bank charge claimants appearing at the Leeds Mercantile will not have received a defence from the defendant and their answers therefore need to be different.

(Besides the item 5 and 31 issue, my threads contain lots of notes on other items).

Caro, as a moderator, have you any thoughts on what should be done with this new thread? Do you want to leave it as it, giving only half of the necessary information for completion of the CMI sheet?

(I have no objection to a 'Case Management Info sheet' thread, but let's get it right. Also you might like to think about putting it in the Template Library).

[caro]

I'll check it all out later. I have not looked that closely at CMI completion before and this appeared a good idea and comprehensive. I will leave it for now and check the posts you have provided when I have time. Of course others reading this will be able to do the same and make their own decision. It is obviously easier to find information in a clearly titled thread than among a number of others. If you have time could you please add links to the threads you mention Calculator. (Just click on the posts, then copy the thread or post addy in the toolbar, and paste it into your post).

I am not sure why you say most claimants don't receive a defence, or do you mean that this refers to one specific banks defence?

I prefer the idea of it being in the Mercantile Forum, as it ensures that those with Mercantile cases will be brought to this forum, and the CMI is not relevant for any other claimants as far as I know.

[Calculator]

Caro, please look into urgently. The 28th June hearing at Leeds is looming and the last thing we need is to confuse those latecomers who urgently need assistance with the CMI. Until this new thread appeared yesterday, everything was catered for and under control.

With regard to my statement that claimants often do not receive the defendant's defence in the Mercantile bank charges claims. This is certainly the case at Leeds. The claimant submits the claim to the county court and receives a copy of the defendant's acknowledgement of service (which usually states that the defendant intends to defend the case). The next thing that happens is that the claimant receives a notice from the court of transer to the Mercantile Court, followed by a notice from the Court giving a date for a case management conference/directions hearing. In between times, the defendant has more than likely filed the defence to the Court. The Court does not send the defence to the claimant, nor does the Court ask for an allocation questionnaire to be completed,because the case is going straight to the case management conference/directions hearing. Sometimes the Court does not even send the defendant's acknowledgement of service to the claimant.

Jenny,

I have suggestion. If you will edit your post 1 on this CMI thread in respect of the answers to items 5 and 31 on the CMI sheet, (see thread 'Mercantile Hearing 20th Feb' post 14) I will copy to this new CMI thread all of the supplementary notes that I have made on the other threads and then we will have everything on this thread. By all means give two alternative answers for items 5 and 31, one alternative where the claimant has received a defence and one where the claimant has not recieved a defence. In anycase the bit at item 31 about the banks refusing to attend other hearings seems a bit of a nonsense in most cases.

[j.barton1]

Hi calculator, If you would prefer...post your completed cmi sheet on this thread...then claimants have both copies and the reasons why...obviously each case is individual and all sheets and letters should be unique to the claimants case.
Jenny

[Calculator]

[j.barton1]

[Calculator]

Thanks Jenny. I think we have got everything covered now.

PS 8/6/07: Anybody reading this post, please see Post 13 and Post 15 which gives an updated CMI sheet containing both the questions and example answers.

[j.barton1]

Hi Calculator, Thanks, I'm glad its sorted.
Jen

[Leebcoward]

Might be a silly question but in the date section at the top am I putting the hearing date or todays date???

[j.barton1]

Todays date.
Jenny

[Calculator]

Jenny (Barton),

Sorry, but on reflection I still have a couple of concerns about your example CMI sheet. I would not have bothered pursuing these, but I think it is important that we clarify for the benefit of other claimants who intend to use the example.

Item 5.
You have stated 'We (I?) believe CPR 18 may only become necessary if the Court directs other than to a small claim. The Claimant therefore seeks .............'.
I do not see why you need to state the first sentence (which I have outlined in bold text). The case has been transferred to the Mercantile Court under CPR 59 rules, part of which is this CMI sheet which specifically brings in CPR 18 (request for 'Further information'). Therfore I do not see why you should be doubting that CPR 18 is necessary. In any case, I assume you would still want the further information that you have requested in the 2nd sentence even if your case was on the Small Claims Track.
Also, your first sentence could be taken as implying that the Small Claims Track is still a possibilty. Is this what you intended? You may have seen that at the Mercantile Hearing Leeds 26th April, a ploy of one of the banks was to try to get their case transferred back to the county court Small Claims Track but the Judge was having none of it (ZsaZsa's thread also refers).

Item 28.
You have stated that you want the trial to be at Leeds county court (which I assume would be on the Small Claims Track). Your case has been transferred to the Mercantile Court (High Court). If your case gets as far as the 28th June hearing, do you really want it transferring back to the county court? See my comment above about the bank's ploy to get their case back to the county court. Also at item 35 you have claimed costs on the basis that your case has been transferred to the Multi-Track in the Mercantile Court, away from the county court small claims track where costs would not have been recoverable. Are you 'shooting yourself in the foot' by saying at item 28 that you want the case transferring back to the county court? I suggest that the answer to item 28 should be just 'Leeds' and omit the words 'county court'.

[Calculator]

Jenny,

To clear things up and make things easier for all future readers of this thread, I will post a slightly amended CMI answer sheet and I will show both the questions and the answers on the same sheet.

[Calculator]

[j.barton1]

All claimants try to remember, you have to rely on your cmi sheet if you get to court.
If anyone is unsure of any question on it, search either this site or hmcs.

If you understand the questions you can give your own answers and just use these as a guide, we are here to help get each other through this.

Jenny

[Calculator]

Reference Post 15 on this thread.

Since writing the original post 15 on 8/6/07, I have added various notes regarding the CMI sheet and shortcuts to other relevant threads and sites. This brings together all of my previous posts from this and other threads and hopefully post 15 now provides one comprehensive post.

If anybody has used the info at post 15 between my first writing it on 8/6/07 and now, you may like to have another read so that you have everything.

PS: also see post 19

[apdjools]

Hi all,

Just completing my CMI and will be delivering today hopefully to Leeds for 28th hearing.

Quick question - what is the standard time for the claimant in person costs for questions 35 and 36 ??

I have spoken to Court today and they suggested I sent a latest schedule of charges, updated from my original claim way back in January - would you add to the bottom line either the court fee and the claimant in person costs or both ??

Thanks
Fair

[Calculator]

[beverleyt]

Thank you very much for this! I was worrying so much about filling it in and you have made it much simpler.