BPTC Civil Litigation General Matters
Questions and Answers
What must the court ensure when considering the overriding objective? - ANSWER-
Parties are on equal footing
That they are saving expenses
Cases are dealt with expeditiously and fairly
Those cases have an appropriate share of court's resources
Enforce compliance with rules
What must be dealt with proportionately when considering the overriding objective?
- ANSWER-Amount of money
Complexity
Importance
Financial position of both parties
What is the duty of the parties? - ANSWER-To help the court further the overriding
objective
What comes under the court's duty to manage cases? - ANSWER-Encourage co-
operation between parties
ADR
Deal with relevant issues
What needs to be fully investigated
Resolve issues
Settle all or some of the claim
Consider cost implications
Timetable cases
Deal with issues on the same occasion
Use technology
Consider no attendance if case will allow
Case proceeds quickly and efficiently
How does one start proceedings? - ANSWER-If the High Court or County Court has
jurisdiction, the claim may be started there
Where to start proceedings for value of an action for money less than £100,000? -
ANSWER-County Court
Where to start proceedings for value of an action for money more than £100,000? -
ANSWER-High Court
Questions and Answers
What must the court ensure when considering the overriding objective? - ANSWER-
Parties are on equal footing
That they are saving expenses
Cases are dealt with expeditiously and fairly
Those cases have an appropriate share of court's resources
Enforce compliance with rules
What must be dealt with proportionately when considering the overriding objective?
- ANSWER-Amount of money
Complexity
Importance
Financial position of both parties
What is the duty of the parties? - ANSWER-To help the court further the overriding
objective
What comes under the court's duty to manage cases? - ANSWER-Encourage co-
operation between parties
ADR
Deal with relevant issues
What needs to be fully investigated
Resolve issues
Settle all or some of the claim
Consider cost implications
Timetable cases
Deal with issues on the same occasion
Use technology
Consider no attendance if case will allow
Case proceeds quickly and efficiently
How does one start proceedings? - ANSWER-If the High Court or County Court has
jurisdiction, the claim may be started there
Where to start proceedings for value of an action for money less than £100,000? -
ANSWER-County Court
Where to start proceedings for value of an action for money more than £100,000? -
ANSWER-High Court
