SA1C The Overriding Objective

Question 1

How is the overriding objective defined?

Answer 1

Procedural code enabling the court ‘to deal justly with cases and at proportionate cost’.

Question 2

What does dealing with a case ‘justly and at proportionate cost’ include?

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

If parties request a stay of ADR/other means of settlement, how long a stay will the court grant?

Answer 3

One month, which can be extended if appropriate.

Question 4

Under which conditions can a court stay proceedings of its own initiative?

Answer 4

a) If one party requests a stay, or
b) It is apparent that ADR has not been attempted.

Question 5

Who must show that a party’s refusal of ADR was unreasonable?

Answer 5

The unsuccessful party.

Question 6

Which cases does Halsey apply to?

Answer 6

Cases where a party refuses an ADR offer by another party (not where a party simply fails to initiate ADR).