CHAPTER 7
chapter 7
Proceedings
7.5The nature of case management in practice General powers • Specific powers
7.31Disclosure of documents to non-parties 7.35Procedure in relation to directions 7.44Reconsideration of interlocutory decisions 7.53Failure to comply and enforcement Failure to comply • Irregularity • Overall view • Failure to notify a decision
7.76The limits to case management 7.77Vexatious litigants and others 7.78Civil restraint orders 7.79The importance of time limits 7.87The power to extend time 7.101Exercising the discretion in advance 7.102Exercising the discretion after the event The reason for the delay • The length of the delay • The merits of the case • Prejudice – the effect of extending or refusing to extend time on the parties • Special reasons or circumstances • Reasons for delay or reasonably practicable to comply
7.124The power to shorten time 7.125Notification and service 7.127The importance of consistency 7.128Permitted methods of sending and delivery of documents 7.130Straddling the time limit The scope of section 7 • Analysis of section 7 • Contrary intention • Proof to the contrary
Interpretation of deeming provisions • Denial of access to a court or tribunal • Other cases
7.155Unilateral and transactional acts 7.168What is not an abstract issue? 7.170Non-binding and other matters of opinion 7.171When may an abstract issue be pursued? 7.179Permission to appeal 7.182When a preliminary issue is appropriate 7.185When a preliminary issue is not appropriate 7.188If the preliminary issue does not dispose of the case 7.191Handling dependent cases 7.201Survival of proceedings 7.202Representation for the deceased 7.203Options pending appointment 7.208No power to order costs 7.210Order for wasted costs 7.216Order for unreasonable costs 7.224Order for full costs and reimbursement of fee 7.226Liability in the Upper Tribunal 7.227Costs in judicial review proceedings in the Upper Tribunal 7.234Alternative dispute resolution