Application of Overarching Obligations (CPA)

Question 1

Who do the overarching obligations apply to?

Answer 1

• Any party
• Any legal practitioner or other representative of party
• Any law practice of party
• Any person who provides financial or other assistance to party with control or influence over conduct of CP including insurers and litigation funders
• Not lay witnesses
• Expert witnesses (other than OO to take steps and reasonable endeavors to resolve dispute and to disclose existence of documents)

Question 2

How do the overarching obligations apply to civil proceedings?

Answer 2

OO apply to any aspect of CP including interlocutory applications or proceedings, appeals, and appropriate dispute resolution.

Question 3

How do the overarching obligations interact with other obligations and duties?

Answer 3

Subject to the paramount duty to the court, OO prevail over any obligation which a person to whom OO apply may have, to the extent of inconsistency.

Question 4

How do the overarching obligations apply to legal practitioners?

Answer 4

Overarching obligations do not override any duty or obligation of LP to client to the extent they can operate consistently.

Overarching obligations prevail over instructions to extent of inconsistency, and to that extent legal practitioner is not required to comply with instructions of client.

Legal practitioner is not to cause client to contravene overarching obligations.

Legal practitioner’s duty to the court is not overridden by overarching obligations.