Introuction to the Civil Procedure Rules and Overriding Objective

Question 1

What are the pervasive concerns of civil litigation?

Answer 1

1) The Civil Procedure Rules 1998, 2) Rule 1 of the CPR: the ‘overriding objective’, 3) Costs, 4) The burden and standard of proof

Question 2

What are the Civil Procedure Rules 1998?

Answer 2

Rules governing litigation procedure, divided into parts with rules. Most parts have Practice Directions. Both rules and directions are binding and must be read together.

Question 3

What is the overriding objective under CPR 1.1?

Answer 3

To deal with cases justly and at proportionate cost, including equal footing, saving expense, proportionality, expeditious handling, efficient use of court resources, and enforcing compliance.

Question 4

Who must give effect to the overriding objective?

Answer 4

The Court (CPR 1.2) and the parties (CPR 1.3).

Question 5

What is the Court’s duty under CPR 1.4?

Answer 5

To actively manage cases by identifying key issues, encouraging cooperation, and using technology.

Question 6

When must the overriding objective be considered?

Answer 6

At all stages of litigation.

Question 7

How does the overriding objective affect vulnerable witnesses?

Answer 7

The court should take proportionate measures to identify vulnerability and give directions to facilitate their full participation in proceedings.

Question 8

What does the Practice Direction say about Welsh language use?

Answer 8

Parties can consent to proceedings being conducted in Welsh, which requires a Welsh-speaking judge.