Unit 4

Question 1

What is the aim of the CPR and the courts?

Answer 1

The aim is to promote justice but in a way that makes the best use of the court’s resources.

Question 2

Courts and the overriding objective

Answer 2

Part 1 CPR:

(1) The overriding objective is set out in r 1.1 CPR and the aim is to enable the court to deal with cases justly and at proportionate costs

(2) There are 6 objectives that the court should seek to achieve when dealing with cases:
* ensuring that the parties are on EQUAL FOOTING;
* saving expenses;
* dealing with the case in ways that are PROPORTIONATE TO:
* the amount of money involved
* the importance of the case
* the complexity of the issues and
* the financial position of each party
* ensuring that the case is dealt with expeditiously and fairly
* allotting to it an appropriate share of the court’s resources, whilst taking into account the need to allot resources to other cases; and
* enforcing compliance with rules, practice directions and orders

CPR r 1.2 - the court must give effect to the overriding objective when making procedural decisions; and
CPR r 1.3 - the parties are required to help the court to further the overriding objective (positive duty)
CPR r 1.4 - the court must actively manage cases

Question 3

Can the court’s take a flexible approach to individual cases?

Answer 3

Yes, courts may tailor their approach to individual cases and be more flexible to to meet the object of cost proportionate litigation.

Question 4

What does the court’s active role include?

Answer 4

• encouraging the parties to co-operate with each other in the conduct of the proceedings;
• identifying the issues at an early stage;
• deciding promptly which issues need to be fully investigated and dealt with at a trial;
• deciding the order in which issue are to be resolved;
• encouraging parties to use ADR if appropriate;
• helping the parties to settle the case;
• fixing timetables or otherwise controlling the progress of the case;
• considering whether the likely benefits of taking a particular step justify the cost of taking it;
• dealing with as many aspects of the case as it can on the same occassion;
• dealing with the case without the parties needing to attend at court;
• making use of technology; and
• giving directions to ensure that the trial of a case proceeds quickly and efficiently.

Question 5

How does the court approach proceedings involving vulnerable parties?

Answer 5

The court aims to ensure that
1. parties are on equal footing;
2. can participate fully in proceedings;
3. given their best evidence

Vulnerable parties/witnesses may be permitted to give evidence remotely.