CPR Provisions

Question 1

CPR 1.1

Answer 1

The court should deal with the case/applications in a way which is just and at proportionate cost

Question 2

Court considerations when there is a request for extending a deadline

Answer 2

• Imperil the trial
  -unreasonable
  -disrupt proceedings (ie is a deadline too close to the trial date)
  -will it limit the time for the parties to explore settlement
  -proportionate: how big is the case
  -failure to be ready = not helping the court further the OO

Question 3

CPR 44

Answer 3

Costs
44.2 General rule: unsuccessful party pays the costs of application
44.2(1): Court has discretion and can make an order at any stage
Court should consider the conduct of parties when making an order

Question 4

Potential Judicial Question: Will your client really suffer any prejudice if the court grants the application?

Answer 4

Threat to imminent trial date

reduced prospect of settlement

Question 5

CPR 3.1

Answer 5

Court discretion in case management
modify / extend deadlines, extend trial date etc

can specify a consequence of non-compliance
can make an order subject to conditions