Question regarding CMC (case management conference).

[alham]

I am sued for trade mark violation and although legal advice is that I have no case to answer most probably I will lose on legal technicalities as the other party has very deep pocket and battery of lawyers.

Anyway, after exchange of applications for dismissal of the case (me) and summary judgement (claimant) we have a date for CMC. Also, court told me that two months later it will make a "summary judgement"!?

I am relying on the info from the web and advice from the court, however in the past everything told to me by the court was contradicted by the next court official. If anyone knows anything about CMC your experience will be invaluable.

My questions are:
Do I need to have a meeting with the other party BEFORE CMC to agree issues presented in CMC?
I thought that whilst applications are to be decided the whole case is suspended?
Do I need to prepare any additional paperwork for CMC?
Do I need to serve anything onto the other party before CMC

Thank you

Alham

[Nikolai]

Re: Question regarding CMC (case management conference).

Only today came across your thread, so sorry if reply too late!
1. You don't need to meet the other party, but it helps to try and agree issues as far as possible. The court will expect you to narrow the issues as much as you can. You can do this by post/email or telephone, although phone not a great idea, as no written record exists.
2. The latest court order will tell you what you are expected to do for the CMC.
3. If the order provides for you to serve anything then make sure you do. If not, you're under no obligation to do so, but I would always go to a hearing with a prepared (and agreed if possible) bundle of documents relevant to that hearing. Include an index for easy reference, and take a spare copy for the District Judge and another for your opponent. (You'll get brownie points from the DJ for doing this, they like it if you demonstrate that you know what's relevant and what's not.)
Not strictly correct to say that everything is suspended pending the hearing of applications - if the court has ordered any steps to be taken by certain dates, those deadlines will still apply whether hearings have been fixed or not. Beware of what the court staff tell you - they cannot give you legal advice.
Do come back if you have further questions and I'll do my best to help. Again sorry if this is too late, but you don't say what date the court fixed for the CMC.

[Hurricane Puffrose]

Re: Question regarding CMC (case management conference).

bumped

[alham]

Re: Question regarding CMC (case management conference).

Thank you, court made an order on paper and allowed me to make changes I wanted, also postponed CMC until December.

[Nikolai]

Re: Question regarding CMC (case management conference).

Good. If you need anything more, come back and I'll do my best for you.

[alham]

Re: Question regarding CMC (case management conference).

UPDATE. My CMC in December will also consider my application for a summary dismissal of the case against me. Do I need to prepare any supporting case references, etc? Any advice would be appreciated.

[Judge Justice]

Re: Question regarding CMC (case management conference).

Not legally trained.only what i am aware of.

1) No thats pre-action protocols- basically try and remedy before you get to court. i.e. use court as the last option.
2) i know actions of say an executor cease until the case is remedied so in that instance, yes.
3) skeleton argument & pre-trial bundle and/or any orders the court has or makes at the CMC.
4) your claim form/particulars of claim. if your defending you should have had paperwork to be able to either refute or agree the claims and had the possibility of counter claim. i.e. they make the claim you have to say yes, no or put down your reason etc for events.

i hope it helps but do your research, good luck.

JJ

[lmparker1972]

Re: Question regarding CMC (case management conference).

Hi, I see you know about cmc's, my partner has to attend a CMC next month for a personal injury case against him. The claimant was a work colleague who cut himself when my partner was outside and he decided to sue him. My partner had public liability but the insurance co did not want to know then we tried a solicitor who said it would cost £10,000 then they found out we had a lot of equity on our house and said we would lose it and it would cost us £50,000 even though we have young children so we stopped using them and don't have a solicitor at present as we were scared about the costs. The claimant is taking my partner, the sub contractor and the main contract all to court. This has dragged on for 4 years now and we will be glad to get the matter over and done with but are worried what the financial outcome will be. He only cut himself and is claiming about £1500.00 but not sure if we will have to pay his solicitors costs as well which could be quite expensive. Its been a worry as we are financially ok but don't want to have to remortgage as we have nearly paid off our mortgage and as he is self employed work sometimes is quiet. It has been a real worry, any help or advice would be great