Case Management Conferences, A Defendant’s Essential Strategic Tool
20 October 2025
Case Management Conferences (CMCs) are a pivotal step in the litigation process.
From a Defendant point of view, they provide the first real opportunity to shape and direct how the case proceeds to a conclusion and represent a significant opportunity to influence the trajectory of the litigation.
Sean Harris, our Large Loss Technical Lead, draws on his 25 years of practice in dealing with complex and large loss matters and shares below how to get the most out of the CMC:
- Consider the file and identify the issues that are apparent through the pre-litigation. Are there any issues (such as a lack of a fully particularised schedule of loss or documentation) that have been raised by you but not addressed to your satisfaction? Now would be the time to raise with the Judge.
- Engage with the other side prior to the hearing and ensure that the Case Summary covers the case from both Claimant and Defendant. Ensure that the CMC bundle includes all relevant documents and is paginated. Small details count.
- List directions that you require and set the date for a time that you are confident that you will be able to comply. Don't be overly ambitious with your proposed dates; a well-argued timetable minimises the risk of being rushed or underprepared. If you need your own medical experts, make sure you build sufficient time within the directions for you to comply with the deadline for exchange. The earlier you can secure appointment dates with your experts, the better.
- Consider that this is the first time that a Judge may have seen the file of papers, it may be worthwhile annotating your draft directions to offer some insight into why you seek a particular order. For example, on the issue of disclosure or expert witnesses - why should the Court order disclosure of a certain document or a particular issue? Actively demonstrating to the court your thought process goes a long to securing a favourable outcome.
- The hearing is a potential opportunity to gain insight into your opponent's case. Respective Counsel discuss, albeit informally, the matter in advance and after the hearing, this can offer an early window into the case from another perspective and allow to to gauge any appetite for settlement.
- A similar point to the above can be made about the presiding judge's attitude to the case.
The CMC is far more than a simple tick box exercise for the court and parties to undertake. It is a strategic meeting which must be viewed as an indispensable tool for active case management.
For the Defendant it represents a clear opportunity to shape the litigation, manage expense, gain insight and actively steer the case forward and should not be treated lightly.
