1: Overriding Objective Flashcards
Overriding Objective =
enables court to deal with cases JUSTLY and at PROPORTIONATE COST.
The overriding objective:
What do the rules ensure:
- That parties are on equal footing
- Saving expense
- Dealing with a case which is proportionate
- To the amount of money involved
- Important of the case
- Complexity of issues; and
- Financial position of each party
- Ensuring it is dealt with expeditiously and fairy
- Allotting to it an appropriate share of the court’s resources; and
- Enforcing compliance
Application by the court of the overriding objective.
The court must seek to give effect to the overriding objective when it:
- Exercises any power given to it by the Rules; or
- Interprets any rule;
– Duties to the Parties
The parties are required to
help the court to further the overriding objective.
Court’s duty to manage cases
The court must further the overriding objective by actively managing cases.
Active case management includes:
- Encouraging the parties to co-operate
- Identifying the issues at an early stage
- Deciding promptly which issues need full investigation and trial
- Deciding the order of the issues to be resolved
- Encouraging ADR if appropriate
- Helping parties settle
- Fixing timetables
- Consider if the likely benefits of a particular step justify the costs
- Dealing with as many aspects as it can on same occasion
- Dealing with case without parties needing to be present
- Making use of technology
- Giving directions to ensure trial proceeds quickly and efficiently.
Where the High Court and County Court have jurisdiction to deal with the proceedings, they MUST OR MAY
Be started together?
MAY
Proceedings MAY OR MAY NOT not be started in the High Court unless the value of the claim is more than £100,000
MAY NOT
Personal Injuries MUST OR MUST NOT not be started in the High Court unless the value is £50,000 or more
mUST NOT
A claim MAY OR MUST be issued in the High Court or county Court is an enactment so requires
MAY
A claim should be started in the High Court if by reason of:
- The financial value of the claim and the amount in dispute and/or;
- The complexity of the facts, legal issues, remedies or procedures involved, and/or
- The importance of the outcome of the claim to the public in general, the claimant believes that the claim ought to be dealt with by a High Court judge.
If the claim, required to be made at the County Court hearing centre is made at the wrong hearing centre, a court officer will
send the claim to the correct hearing centre before it is issued. A claimant should consider the potential delay which may result if a claim is not made at the correct County Court hearing centre in the first instance.
A claim relating to Business and Property work may be dealt with at the
High Court or in the County Court. The claim form should, if issued in the High Court, be marked in the top right hand corner “business and property Courts”, and if issued at the County Court, be marked “Business and Property work”.
wHEN IS A CASE SENT TO THE HC?
- More than £100,000.
- PI cases = £50,000 or more
D MUST be served with CD with “response pack” within 4 months after issue. D then required to file formal response within 14 days after service of PoC by A/S.
Track allocation
Small claims track
Fast Track
Multi-Track
Small claims track = no more than £10,000
Fast track = between £10,000 - £25,000
Multi-track = excess of £25,00
Listing for trial
When does this happen in the:
Small Claims track
Fast track
Multi-track
Small track claims = listed at track allocation.
Fast track cases = trial should be no later than 30 weeks after allocation.
No set time for multi-track cases.
Fast and multi-track cases, the court may give a fixed hearing window, or a trial window.
