Civil Litigation and Evidence: Bar Training Syllabus
General Matters & Burden of Proof
GENERAL MATTERS
Rule 1.1 - The Overriding Objective
(1) These Rules are a new procedural code with the overriding objective of
enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is
practicable —
(a) ensuring that the parties are on:-
(i) an equal footing; and can participate fully in proceedings; 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.
Rule 1.2 – Application by the court of the Overriding Objective
The court must seek to give effect to the overriding objective when it—
(a) exercises any power given to it by the Rules; or
(b) interprets any rule,
subject to rules 76.2, 79.2, 80.2, 82.2 and 88.2.
Rule 1.3 – Duty of the Parties
The parties are required to help the court to further the overriding
objective.
Rule 1.4 – the Duty of the Court to Manage Cases
(1) The court must further the overriding objective by actively managing
cases.
General Matters & Burden of Proof
GENERAL MATTERS
Rule 1.1 - The Overriding Objective
(1) These Rules are a new procedural code with the overriding objective of
enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is
practicable —
(a) ensuring that the parties are on:-
(i) an equal footing; and can participate fully in proceedings; 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.
Rule 1.2 – Application by the court of the Overriding Objective
The court must seek to give effect to the overriding objective when it—
(a) exercises any power given to it by the Rules; or
(b) interprets any rule,
subject to rules 76.2, 79.2, 80.2, 82.2 and 88.2.
Rule 1.3 – Duty of the Parties
The parties are required to help the court to further the overriding
objective.
Rule 1.4 – the Duty of the Court to Manage Cases
(1) The court must further the overriding objective by actively managing
cases.
