What is a Costs and Case Management Conference (CCMC)?
When parties are engaged in civil court proceedings, the process can seem daunting. The impact of getting something wrong or losing ‘on a technicality’ is real. You might have a winning case but end up being ordered to pay the opponents legal costs as well as your own. Litigation can involve multiple hearings and stages, often adding confusion and stress. The Costs and Case Management Conference (CCMC) is a hearing that parties are usually less familiar with, despite being a crucial step in the court process.
If you’re involved in civil proceedings, understanding the purpose and structure of a CCMC will help you prepare more confidently and effectively. Our litigation team are experts in understanding the court process. We act nationally and would love to assist you with your dispute.
This article explains CCMCs, how to prepare for one, and what happens during and after the hearing. For further information, contact Helix Law.
What Is a CCMC?
A CCMC is a hearing that occurs as part of civil litigation proceedings in England and Wales. It is a type of directions hearing usually listed after a defendant files their response to a claim. It’s particularly useful in more complex or high-value cases, as it allows the court to review the relevant issues and, in the multi-track, the parties’ proposed costs budgets, before setting directions and a timetable for the proceedings.
What Is the Purpose of a Case Management Conference?
The hearing’s purpose can be divided into two key issues: i) costs, and ii) case management.
Costs
In multi-track cases, parties are required to file costs budgets in a prescribed form (Precedent H), setting out both incurred and estimated future costs. This process helps ensure that legal costs remain proportionate. Parties may challenge each other’s budgets, and the judge will approve, adjust, or disallow elements as appropriate.
The Precedent H includes legal fees for steps such as dealing with disclosure, preparing witness statements, attending mediation, and obtaining expert reports.
In claims allocated to the fast and intermediate track, Fixed Recoverable Costs apply, so the parties are not required to file Cost Budgets.
Case Management
The other purpose is to give directions for the case’s ongoing management. Proceedings can often drag on in complex or higher-value disputes. Therefore, the case management element of a CCMC ensures parties have a clear timetable to follow.
The judge will set timelines for the disclosure of documents, the exchange of witness statements, the preparation of expert reports, and the final hearing. Parties should have an idea of these deadlines beforehand, which the judge will either agree to or vary at the hearing.
In more significant disputes these are issues of paramount importance. Usually at a CCMC the court will also look at the form and content of a Disclosure Review Document, or ‘DRD’. A DRD has multiple sections and the issues for the trial judge, and the required search to be completed, are considered in detail. This is set out in more detail in CPR Practice Direction 57AD. Getting this right and positioning yourself on the front foot is incredibly important both in the short term and longer term.
Is a CCMC Important?
While it’s easy to see the CCMC as a simple box-ticking exercise, it’s fundamental to a case’s progress. Without clear directions and strict budgets, disputes can continue indefinitely and place a significant strain on the court and parties’ resources.
The hearing helps proceedings run smoothly and prevents costs from escalating. Parties that fail to comply with court deadlines can face serious consequences, including cost penalties and limits on the evidence they can rely on at trial.
CCMCs are also invaluable in cases where there may be an imbalance of power between the parties. For example, a claimant with more financial resources can spend much more on their case than the defendant. The CCMC seeks to limit this and places the parties on more of a level playing field so those with fewer resources aren’t unfairly disadvantaged.
What Do I Need To Do in Advance of a Costs and Case Management Conference?
Preparing effectively for the hearing is crucial. In significant disputes its very unusual for a party to complete steps and work yourself without litigation support. Cases can be won or lost long before trial if the framing and issues in dispute are not accurately considered, and the appropriate and necessary disclosure is not dealt with robustly. If the CCMC isn’t productive due to a party’s failure to cooperate or file the correct documents, the judge can make an order requiring that party to pay everyone else’s wasted costs of attending.
Prepare the Court Bundle
The bundle is a collection of all the documents relevant to the CCMC. It usually consists of the claim form, particulars of claim, defence, any court applications, directions questionnaires, proposed directions, and cost budgets.
The claimant is usually responsible for preparing the bundle. They must ensure the documents are organised, paginated, and indexed so they’re easily accessible to the judge.
Write a Case Summary
At the start of the bundle, there is usually a set of ‘preliminary documents’, including a case summary and statement of issues. The case summary concisely outlines the factual background, legal issues, and what each party asks of the court. It’s designed to give the judge a quick overview of the dispute.
Parties should agree on a case summary if possible, meaning it should be drafted neutrally. They must also comply with any pre-existing directions the court has set about the length of the document.
Prepare a List of Issues
The list of issues highlights the questions the court ultimately needs to answer at the CCMC and more generally. It could include factual disputes or legal and procedural issues. The document is vital as it allows the judge to identify what to address and prevents any issues from being overlooked during the hearing.
File a Costs Budget
For multi-track cases, costs budgets (Precedent H) must be filed and exchanged no later than 21 days before the first CCMC, and budget discussion reports (Precedent R) no later than 7 days before the hearing.
The costs budget forms a vital part of the CCMC, so parties must ensure they prepare and file them in time. It includes exchanging budgets so each party can review the other’s costs before the hearing.
The Precedent R outlines which of the other party’s figures they agree with and those they dispute.
Propose Directions
Parties should prepare a draft court order setting out the directions they seek from the court. It should be agreed as early as possible, with the outstanding issues highlighted. The order should suggest timelines for evidence disclosure, expert reports, witness statements, and the final hearing.
The judge will review these proposed directions and either accept or adjust them at the CCMC.
What Happens at a Costs and Case Management Conference?
During the CCMC, the judge reviews the bundle and invites each party (or their legal representatives) to make submissions about the proposed directions and cost budgets. The judge will then consider the outstanding issues and, in the multi-track, either approve or amend the draft order and Precedent H.
If the parties have already settled on most of the issues, a CCMC can last as little as half an hour. However, if there is still disagreement, the judge will review the documents in detail and may ask the claimant and defendant further questions.
If a case is high-value, the judge may need to examine the cost budgets line-by-line, meaning the hearing could last much longer.
What Happens After a Case Management Hearing?
Immediately after the hearing, one party must incorporate any amendments into the draft order and send it to the judge for approval. Parties usually have a couple of days to prepare and agree on this.
The next step is to comply with the directions and deadlines set out in the order. This includes preparing and exchanging disclosure, evidence, witness statements, and expert reports. If parties fall behind on the timetable, they can agree to deadline extensions but must notify the court.
In the multi-track, throughout the litigation, the claimant and defendant must refer to their costs budget as a benchmark for legal costs . Usually, the winner can only claim back the costs stated in the Precedent H unless they can show a good reason for departing from it.
The court may also list a Pre-Trial Review. This hearing takes place shortly before trial and allows the court to assess the parties’ progress and compliance with case management directions.
Prior to and following the CCMC, parties can also discuss settlement and try to resolve the dispute between them. These negotiations are often simpler once parties have a clear timeline and idea of costs. It is common for the judge to direct the claimant and defendant to explore Alternative Dispute Resolution (ADR), so they must demonstrate that they’ve attempted this.
If the parties settle, they must draft the terms into a consent order and send it to the judge for approval. The court may schedule a short hearing to clarify any questions the judge may have, or return the order to confirm that the trial is no longer necessary. If the parties wish to keep the precise terms of the settlement confidential, they can use a Tomlin Order, whereby the deed of settlement will be annexed to the order. In this way, the settlement itself is prevented from becoming a public document.
Frequently Asked Questions
What Happens at a Case Management Discussion?
A case management discussion refers to an informal conversation between parties or a short hearing in lower-value or less complex claims. It isn’t a formal requirement like a CCMC, but it is often used to narrow the issues and help the parties settle the case sooner.
Who Pays the Costs of the Case Management Hearing?
Usually, each party bears its own costs for preparing for and attending a CCMC, at least initially- overall usually the losing party pays the winners costs unless the dispute is a small claim (in which case there usually isnt a CCMC anyway). However, if a party’s conduct causes unreasonable delay or obstruction to proceedings, the court may order that party to pay the other’s costs for the CCMC itself. A judge may also make a ‘costs in the case’ order, meaning they will decide how to deal with costs following the trial.
Final Thoughts
A Costs and Case Management Conference (CCMC) plays a vital role in shaping the course of civil litigation in England and Wales. While often overlooked as part of the court process, it is just as important as every other hearing, and arguably is most important only second to trial itself. The CCMC allows the court to take early control of a case, ensuring all parties work within a framework and that legal costs remain reasonable and proportionate.
Tactically speaking a CCMC gives opportunity to put an opponent under pressure in terms of process and money (costs). Taking these opportunities is incredibly important to ensure that an opponent is made to understand that there are negative consequences to their conduct.
From setting a structured timetable for disclosure to scrutinising each party’s cost budget, the CCMC lays the foundation for a case’s progression. It helps avoid the risk of wasted time and resources, which can often happen when litigation becomes complicated and unfocused.
Failure to engage properly or submit documents on time can lead to cost penalties or an adverse outcome at the hearing. The decisions made at a CCMC can have long-term consequences, especially when it comes to recovering costs at the end of the case.
Understanding how to approach a CCMC is essential for individuals and businesses alike. Whether you are bringing a claim or defending one, having tailored advice and representation can significantly affect the outcome of your case.
At Helix Law, we specialise in supporting clients through every stage of the litigation process, including the complexities of CCMCs. Whether you need help preparing your cost budget, drafting a case summary, or negotiating directions with the other side, our experienced team is here to guide you. Contact Helix Law today for more information.
