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Many of you will be old enough to remember the last "draconian sanction" CCR Ord 17 rule 11. Fail to have a case listed for trial within 15 months of the start of a timetable and the case would be automatically struck out. Or rather, fail to list a case within time and vast quantities of satellite litigation will be spawned.

What happens when right at the beginning of the case the costs budget isn't produced for the CMC before most of the costs are incurred?

If it is the Claimant and it is within limitation, can he discontinue, pay the (modest?) Defendant's costs to date and re-issue?

For either party, is the errant solicitor entitled (or obliged) to withdraw from the case because of a conflict of interest as he now has a vested interest in his own client losing. His client will suffer no loss by the mistake if he was going to lose the case in any event.

What does the poor client do with the underlying case if his solicitor has cocked it up. Does he have to continue to fund this wholly uneconomic litigation simply in order that he can turn on the lawyer at the end?

Does having a judgement in default of attendance at a hearing set aside wipe the slate clean?

What is a trivial non-compliance? Is that defined as a mistake I make whilst a non-trivial one is a mistake you make?