This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Guide to requesting case management directions in commercial litigation in England and Wales, explaining CPR rules, case management conferences, court applications, procedural steps, and how courts manage deadlines, disclosure, and evidence in business disputes.
Case management directions are procedural orders issued by the court to control the progress of commercial litigation in England and Wales. They set out how a case will proceed, including deadlines for disclosure, witness evidence, expert reports, and trial preparation.
In commercial disputes, case management is essential to ensure efficiency, proportionality, and fairness. Where parties require clarity, additional directions, or changes to the timetable, they may request case management directions from the court.
This article explains how to request case management directions in commercial litigation, the legal framework under the Civil Procedure Rules (CPR), and the practical steps involved in making an application.
What Are Case Management Directions?
Case management directions are court orders that govern the procedural steps in litigation. They are designed to ensure that cases progress in an orderly and efficient manner.
Typical directions include:
- Timetables for disclosure of documents
- Exchange of witness statements
- Permission to rely on expert evidence
- Deadlines for amending pleadings
- Listing hearings or trial windows
- Cost budgeting requirements
In commercial litigation, these directions are usually tailored to the complexity and value of the dispute.
Legal Framework for Case Management Directions
The court's power to give case management directions comes primarily from:
Civil Procedure Rules (CPR) Part 1
The overriding objective requires cases to be dealt with justly and at proportionate cost.
CPR Part 3 – Case Management Powers
The court may:
- Give directions for the management of proceedings
- Vary or revoke previous orders
- Require parties to take specific steps
- Sanction non-compliance
CPR Part 29 (Multi-Track Cases)
Most commercial claims are allocated to the Multi-Track, where active judicial case management is standard.
The Commercial Court and Business and Property Courts apply these principles with a strong emphasis on efficiency and procedural discipline.
When You May Need to Request Case Management Directions
A party may request directions in commercial litigation where:
- The existing timetable is unclear or unworkable
- Deadlines need to be extended or adjusted
- Additional disclosure is required
- Expert evidence needs permission or clarification
- A procedural dispute has arisen between parties
- A stay needs to be lifted or modified
- Settlement discussions require procedural accommodation
Courts expect parties to cooperate, but where agreement cannot be reached, judicial intervention is required.
Step-by-Step: How to Request Case Management Directions
Step 1: Attempt to agree directions with the other parties
The court expects parties to cooperate before making an application. This typically involves:
- Exchanging proposed directions
- Negotiating a draft case management order
- Identifying areas of agreement and disagreement
In commercial litigation, courts often prefer to approve agreed directions without a contested hearing.
Step 2: Identify the procedural issue clearly
A request for directions must be specific. Common issues include:
- Need for extended disclosure deadlines
- Dispute over scope of disclosure
- Requirement for expert evidence
- Delay caused by missing evidence or parties
- Change in trial timetable
The request should be supported by reasons demonstrating necessity and proportionality.
Step 3: Prepare a draft case management order
A key requirement is a draft order setting out the requested directions in clear terms.
This may include:
- Revised procedural timetable
- Specific deadlines for each stage
- Identification of expert disciplines
- Directions on disclosure scope
- Trial window or hearing estimate
Courts place significant weight on well-prepared draft orders.
Step 4: File an application (Form N244 if contested)
If agreement cannot be reached, a party must file an application using Form N244.
The application should include:
- The specific directions requested
- Evidence explaining why they are necessary
- Any correspondence showing attempts to agree
- A draft order for the court's consideration
In commercial cases, applications are often dealt with at case management conferences rather than standalone hearings.
Step 5: Attend a Case Management Conference (CMC)
Most case management directions are dealt with at a Case Management Conference (CMC).
At a CMC, the court will:
- Review the progress of the case
- Consider proposed directions from each party
- Resolve procedural disputes
- Set or adjust the litigation timetable
Judges actively manage commercial cases to ensure efficient progression.
Step 6: Court issues final case management order
The court will issue a formal order setting out binding directions. Once made:
- Parties must comply strictly with deadlines
- Failure to comply may result in sanctions
- The order may only be varied by further application or agreement
Principles the Court Applies When Giving Directions
When deciding case management directions, the court considers:
1. The overriding objective
Cases must be dealt with fairly, efficiently, and at proportionate cost.
2. Proportionality
The complexity of the directions must match the value and importance of the dispute.
3. Efficiency and timeliness
Delays are minimised wherever possible, especially in commercial disputes.
4. Fairness between parties
No party should be placed at a procedural disadvantage.
5. Compliance with existing orders
The court will consider whether previous directions have been followed.
Common Types of Case Management Directions in Commercial Litigation
Disclosure directions
- Standard disclosure
- Extended disclosure under Practice Direction 57AD (in business and property courts)
- Specific disclosure applications
Evidence directions
- Witness statement deadlines
- Expert evidence permission and scope
- Sequential or simultaneous exchange of evidence
Timetable directions
- Pre-trial review dates
- Trial window allocation
- Interim hearing schedules
Procedural directions
- Amendment of pleadings
- Joinder or removal of parties
- Stay of proceedings for settlement discussions
Risks and Practical Considerations
1. Costs consequences
Unreasonable applications for directions may lead to adverse cost orders.
2. Delay risks
Poorly prepared applications can delay proceedings rather than streamline them.
3. Compliance obligations
Once directions are made, non-compliance can result in:
- Exclusion of evidence
- Strike out of claims or defences
- Cost penalties
4. Judicial discretion
The court has wide discretion and may refuse directions that are excessive or unnecessary.
Example Scenario
In a commercial contract dispute, one party discovers additional categories of documents relevant to disclosure after the initial case management order.
The party:
- Attempts to agree revised disclosure scope with the opponent
- Prepares a draft amended case management order
- Files an N244 application explaining why additional disclosure is necessary
- Attends a CMC where the court reviews proportionality and necessity
The court then issues revised directions extending disclosure deadlines and defining the scope of additional searches.
Importance in Commercial Litigation
Case management directions are central to commercial litigation because they:
- Structure complex proceedings
- Control costs and procedural fairness
- Prevent unnecessary delay
- Ensure evidence is properly prepared
- Support efficient resolution of disputes
In high-value commercial cases, effective case management often determines the efficiency and outcome of litigation strategy.
Final Thoughts
Requesting case management directions in commercial litigation involves identifying procedural issues, attempting agreement with other parties, and where necessary applying to the court for formal directions. The process is governed by the Civil Procedure Rules and is designed to ensure fairness, efficiency, and proportionality.
Courts take an active role in managing commercial disputes, and well-prepared applications supported by clear draft orders are more likely to succeed. Once made, case management directions are binding and strictly enforced, making compliance essential throughout the litigation process.
