13. Case Management, Sanctions, Striking Out and Discontinuance
Tracks and assignment, directions, time, costs management, relief from sanctions, strike-out and discontinuance.
How to study for BSB Civil Litigation
Prepare separately for closed-book recall and open-book application while keeping every step anchored to the exact syllabus version for your sitting.
Core concepts
Concept 1
Allocation and assignment among the small claims, fast, intermediate and multi-track regimes reflect value, complexity, remedy, evidence, parties and proportionality.
Exam cue: Classify the likely track and complexity band before proposing a timetable or budget.
Concept 2
Case and costs management use directions, budgets, conferences, timetables and the court's own-initiative powers to move cases toward proportionate resolution.
Exam cue: For any missed step, identify the rule or order, sanction, seriousness, reason and all surrounding circumstances.
Concept 3
Relief from sanctions follows the Denton stages; strike-out and discontinuance are distinct routes with different grounds, procedures and costs effects.
Exam cue: Separate a merits-based strike-out, a compliance sanction, voluntary discontinuance and a decision after trial.
Risk pitfalls and guardrails
Allocating solely by monetary value while ignoring complexity, trial length and other mandatory factors.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Treating an agreed extension as effective where a rule or order requires court approval or protects the hearing date.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Collapsing the Denton analysis into a single question of whether the defaulting solicitor made an innocent mistake.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Memory anchors
Four tracks
Small claims, fast, intermediate and multi-track each support proportionate procedure for different cases.
Case-management toolkit
Directions, time control, stays, consolidation, issue definition, hearings and own-initiative orders.
Costs management
Budgets inform proportionate control and later assessment; failures and significant developments have specific consequences.
Denton stages
Seriousness and significance, reason for default, then all the circumstances including efficient compliance.
Strike out versus discontinue
The court strikes out on recognised grounds; a claimant discontinues through the separate Part 38 route.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A straightforward £8,000 consumer claim has no special feature requiring another track. Which track is the normal starting point?
A £20,000 claim can be tried in one day with limited expert evidence. Which track is the likely normal fit?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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