Civil Procedures- General Matters

Question 1

What is the overriding objective under rule 1.1

Answer 1

1.1 (1) :
“the rules are a procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.”

Question 2

What does “dealing with a case justly and at a proportionate cost” include under 1.1 (2)?

Answer 2

a. ensuring that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence
b. saving expense
c. dealing with the case in ways which are proportionate:
i. to the amount of money involved
ii. to the importance of the case.
iii. to the complexity of the issues; and
iv. to the financial position of each party;
d. ensuring that it is dealt with expeditiously and fairly;
e. allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
f. enforcing compliance with rules, practice directions and orders.

Question 3

When must the court seek to give effect to the overriding objective under 1.2?

Answer 3

when it :
a. exercises any power given to it by the rules; or
b. interprets any rule subject to rules 76.2, 79.2 and 80.2, 82.2 and 88.2

Question 4

What are the parties required to do under 1.3?

Answer 4

The parties are required to help the court to further the overriding objective.

Question 5

What must the court do in order to further the overriding objective under 1.4?

Answer 5

Actively manage cases

Question 6

Under 1.4 what does ‘active case management’ include?

Answer 6

1.4 (2):
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.