Civil Courts and the Overriding Objective Flashcards
What is the function of the overriding objective?
To streamline civil litigation and enable the court to deal with cases JUSTLY and at PROPORTIONATE COST.
CivilPR 1.2-4?
Places a duty to give effect to the OI on parties and court
Where can you find the civil OI?
CPR 1.1
CPR 1.4?
Lists ways in which a court can impose duties to give effect to OI
CPR 1.2?
Overriding objective must be applied when exercising any powers of the court.
How does the OI help create just and proportionate cases?
By ensuring parties are on equal footing (mirroring common law principles), saving expense, dealing with cases expeditiously and fairly
What does dealing with a case at proportionate cost mean?
Allotting an appropriate share of court resources, considering money in issue, importance and complexity of case and financial position of parties.
Who does the overriding objective apply to?
All parties, even unrepresented ones, unless something is “particularly inaccessible or obscure”
What is central to the overriding objective?
The principle of finality of litigation - as this avoids misjustice or lack of proportionality.
How does the court further the overriding objective?
The court furthers to OI by active case management.
How many examples of active case management are listed in CPR 1.4?
12 elements of case management powers and actions are listed in CPR 1.4 as ways of furthering the OI
What is the 1st example of active case management that furthers the OI?
Encouraging parties to CO-OPERATE with each other throughout proceedings
What is the 2nd example of active case management that furthers the OI?
Identifying ISSUES at an early stage
What is the 3rd example of active case management that furthers the OI?
PROMPTLY deciding which issues need full investigation and trial and SUMMARILY DISPOSING of all others.
What is the 4th example of active case management that furthers the OI?
Deciding ORDER in which issues will be resolved.
What is the 10th example of active case management that furthers the OI?
Dealing with cases without parties needing to attend court.
What is the 8th example of active case management that furthers the OI?
Considering whether benefits of any step JUSTIFIES the COST of taking it.
What is the 5th example of active case management that furthers the OI?
Encouraging parties to USE ADR if appropriate and FACILITATING such procedures.
What is the 6th example of active case management that furthers the OI?
Helping parties SETTLE whole or part of the case.
What is the 7th example of active case management that furthers the OI?
Fixing TIMETABLES or otherwise controlling progress of the case.
What is the 9th example of active case management that furthers the OI?
Dealing with as many aspects of the case as it can on the SAME OCCASION (minimal hearings)
What is the 11th example of active case management that furthers the OI?
Making use of TECHNOLOGY
What is the 12th example of active case management that furthers the OI?
Giving directions to ensure quick and efficient progress of the case.
How does case management differ between Chancery and Commercial courts?
Chancery Masters manage cases at chancery; judges manage at KB, though in large cases 2 people might manage it.
What happens upon docketing a case?
Docketing a case means a judge takes charge of the management and continues through until hearing.
What are the first hearings in civil trials?
Costs and case management hearings occur very early and are where directions as to trial are given. Other hearings e.g. for evidence might then be held.
What are additional in cases anticipated to last over a few days?
Pre-trial reviews; these take place about 6 weeks before trial.
What percentage of civil cases end in settlement?
Approx 90%. Due to emphasis on ADR and costs penalties for parties who unreasonably refuse.
What was the purpose of the Woolf Reforms?
Woolf Reforms aimed to simplify matters - can’t ignore time limited directions anymore - also frontloaded litigation costs to contain costs but many say it’s outpriced justice.
How long do civil cases tend to take to get to trial?
18 months - 2 years. Before reforms it could be a decade easily.
Why is there an increase in litigants in person?
Because of legal aid reforms and unavailability of cost-effective solutions.
What is a conditional fee arrangement?
Where the success fee comes out of what the claimant recovers not other party (post Jackson reforms).
What is the purpose of CLIPS scheme?
To assist litigants in person in interim applications
CPR 1?
Overriding Objective
CPR 2?
Application of the Rules of Overriding Objective
CPR 3?
Court’s Case and Costs Management Powers?
CPR PD 3D?
Practice Direction: Costs Management
