1. Civil Courts and the Overriding Objective Flashcards
What is the “overriding objective” under CPR 1.1?
Enabling the court to deal with cases justly and at a proportionate cost.
(7) List the factors included in the overriding objective under CPR 1.1.
Ensuring parties are on equal footing.
Saving expenses.
Proportionality in relation to money involved, importance, complexity, and parties’ financial positions.
Expeditious and fair resolution.
Effective resource allocation.
Promoting ADR.
Enforcing compliance with rules and orders.
What does CPR 1.2 require the court to do?
Seek to give effect to the overriding objective when exercising powers or interpreting rules.
What is the duty of the parties under CPR 1.3?
To help the court further the overriding objective.
What does active case management involve under CPR 1.4?
Encouraging cooperation between parties.
Early issue identification.
Deciding on necessary investigations and trials.
Promoting ADR.
Helping parties settle disputes.
Controlling case progress and timetables.
Using technology and ensuring efficient trials.
How does CPR 1.4(2)(a) promote cooperation?
By encouraging parties to cooperate and imposing costs consequences for unreasonable conduct under rr.44.2 and 44.4.
Higgins v ERC Accountants & Business Advisers Ltd (2017). - - co-operation does not require …
reminding opponents of procedural deadlines,
What mechanisms promote dispute resolution under CPR?
Pre-litigation disclosure powers (r.25.1(1)(i) and (j), rr.31.16 and 31.17).
Part 36 offers for settlement.
Summary disposal of issues.
Mandating ADR, as in Churchill v Merthyr Tydfil County Borough Council [2023].
(4) What specific rules encourage cooperative conduct in proceedings?
r.29.4: Court approval of multi-track proposals.
r.15.5: Extending time for a defense.
r.26.4: Stay for settlement discussions.
r.35.7: Single joint expert agreements.
