The Overriding Objective

Question 1

What is the overriding objective?

Rule 1.1

Answer 1

The CPR is a procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

Question 2

What are the steps of dealing with a case justly and at proportionate cost?

Answer 2

1. Ensure the parties are on an equal footing.
2. Saving expense.
3. Dealing with the case in proportionate ways (amount, importance, complexity, financial position).
4. Dealt with expeditiously and fairly.
5. allotting a fair share of the court’s resources.
6. Enforcing compliance with rules/practice directions/orders.

Question 3

Dealing with the case in proportionate ways - what are the considerations?

Answer 3

a. the amount of money involved.

b. the importance of the case.

c. the complexity of the issues.

d. the financial position of each party.