Pre-Action Steps
The Overriding Objective
The overriding objective must be borne in mind by the courts (R1.2) and the parties and their legal advisors (R1.3)
Each party is required to help the court to further OO but has no duty or obligation to their opponent.
The OO of the CPR 1998 is to enable the court to deal with cases justly and at proportionate cost. This means:
✔ Ensuring parties are on equal footing
✔ Saving expense
✔ Deal with cases in ways which are proportionate
▪ To the amount of money involved
▪ To the importance of the case
▪ To the complexity of the issues
▪ The financial position of parties
✔ Ensuring cases are dealt with expeditiously and fairly
✔ Allotting an appropriate share of the court’s resources to each case,
bearing in mind the needs of other cases.
Outline of a civil claim
Pre-action Steps
STEPS
1) Check any Professional Conduct The solicitor acting in civil proceedings must have regard to the follow
points rules of professional conduct:
Duty of confidentiality:
6.1-6.2 of the SRA Code of Conduct 2019 – Unless the client’s prior authority
is obtained.
Conflict of interest:
6.3-6.5 of the SRA Code of Conduct 2019.
Money laundering:
Subject to related legislation so must ensure that adequate procedures in
place to check new client’s identity.
Who the client is and authorization to act:
If receives instructions from someone other than client, or by only one client
on behalf of others, should not proceed without checking all clients agree
with instructions given.
Solicitor’s duty as an officer of the court:
- 1.4 SRA Code of Conduct 2019 - Duty not to mislead/attempt to
mislead/be complicit in misleading the court.
- Must disclose all relevant legal authorities to the court, even if not
favorable to case.
- Help court achieve the overriding objective. CPR 1.3
Solicitor’s core duties:
The SRA Code of Conduct 2019 is based on 7 mandatory principles.
1
The Overriding Objective
The overriding objective must be borne in mind by the courts (R1.2) and the parties and their legal advisors (R1.3)
Each party is required to help the court to further OO but has no duty or obligation to their opponent.
The OO of the CPR 1998 is to enable the court to deal with cases justly and at proportionate cost. This means:
✔ Ensuring parties are on equal footing
✔ Saving expense
✔ Deal with cases in ways which are proportionate
▪ To the amount of money involved
▪ To the importance of the case
▪ To the complexity of the issues
▪ The financial position of parties
✔ Ensuring cases are dealt with expeditiously and fairly
✔ Allotting an appropriate share of the court’s resources to each case,
bearing in mind the needs of other cases.
Outline of a civil claim
Pre-action Steps
STEPS
1) Check any Professional Conduct The solicitor acting in civil proceedings must have regard to the follow
points rules of professional conduct:
Duty of confidentiality:
6.1-6.2 of the SRA Code of Conduct 2019 – Unless the client’s prior authority
is obtained.
Conflict of interest:
6.3-6.5 of the SRA Code of Conduct 2019.
Money laundering:
Subject to related legislation so must ensure that adequate procedures in
place to check new client’s identity.
Who the client is and authorization to act:
If receives instructions from someone other than client, or by only one client
on behalf of others, should not proceed without checking all clients agree
with instructions given.
Solicitor’s duty as an officer of the court:
- 1.4 SRA Code of Conduct 2019 - Duty not to mislead/attempt to
mislead/be complicit in misleading the court.
- Must disclose all relevant legal authorities to the court, even if not
favorable to case.
- Help court achieve the overriding objective. CPR 1.3
Solicitor’s core duties:
The SRA Code of Conduct 2019 is based on 7 mandatory principles.
1
