Introduction To Overriding Objectives

Question 1

What do the Civil Procedure Rules (CPR) govern?

Answer 1

The procedure of litigation

The CPR were established to provide a framework for the conduct of civil litigation in England and Wales.

Question 2

What is the overriding objective of the Civil Procedure Rules?

Answer 2

‘To enable the court to deal with cases justly and at proportionate cost’ (CPR 1.1)

This objective includes ensuring equal footing for parties and saving expense.

Question 3

List the key components of the overriding objective as per CPR 1.1.

Answer 3

• Ensuring parties are on an equal footing
• Saving expense
• Dealing with cases proportionately
• Ensuring cases are dealt with expeditiously and fairly
• Allotting appropriate court resources
• Enforcing compliance with rules and orders

Question 4

Who is responsible for giving effect to the overriding objective?

Answer 4

The court and the parties involved

The court actively manages the case and the parties are required to assist in furthering the objective.

Question 5

What must the court do to manage cases effectively according to CPR 1.4?

Answer 5

Encourage cooperation, identify key issues, and make use of technology

The court has broad powers to manage litigation and set deadlines.

Question 6

Fill in the blank: The Civil Procedure Rules are divided into _______.

Answer 6

[parts]

Question 7

What are the binding components of the Civil Procedure Rules?

Answer 7

• Rules
• Practice Directions

Both rules and practice directions must be read together.

Question 8

What is the significance of the White Book in civil procedure?

Answer 8

It provides commentary on the CPR and relevant judgments

While not law, the White Book is extensively used by practitioners and judges.

Question 9

True or False: The commentary in the White Book has the force of law.

Answer 9

False

The commentary is not law but helps interpret the rules.

Question 10

What may affect a person’s vulnerability in court proceedings?

Answer 10

Factors such as age, language difficulties, mental or physical disabilities, and cultural circumstances

Vulnerability can adversely affect participation in proceedings.

Question 11

What should the court do to facilitate the participation of vulnerable parties or witnesses?

Answer 11

• Identify vulnerability
• Give directions or make provisions for participation
• Allow extra time or support during hearings

Question 12

What is the purpose of the Practice Direction relating to the Welsh language?

Answer 12

To treat English and Welsh languages equally in the administration of justice in Wales

The PD allows hearings to be conducted in Welsh if all parties consent.

Question 13

What happens if costs are incurred due to non-compliance with the Welsh language Practice Direction?

Answer 13

A costs order may be made against the non-compliant party

Compliance with the PD is necessary to avoid additional costs.

Question 14

What are some examples of tactical applications in civil litigation?

Answer 14

• Applications made without notice
• Numerous applications for a straightforward case

Such tactics may not align with the overriding objective.

Question 15

What may the court do if a party incurs excessive costs on a low-value claim?

Answer 15

Limit the recoverability of costs

The court may impose sanctions for non-compliance with the overriding objective.

Question 16

What is the role of the court regarding the management of cases?

Answer 16

To actively manage cases and not allow parties to dictate the conduct of litigation

The court has broad powers to impose sanctions and set deadlines.

Question 17

What is a key requirement for the participation of witnesses in court?

Answer 17

The court should take measures to facilitate their participation

This includes identifying vulnerabilities and providing necessary support.