INTRODUCTION
UNIT 1
1.1— The overriding objective1
1.1
(1) These Rules are a 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 an equal footing and can
participate fully in proceedings, and that parties 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;
(f) promoting or using alternative dispute resolution;
(g) enforcing compliance with rules, practice directions and
orders.
1.2 Application by the court of the overriding objective1
1.2
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.
, 1.3 Duty of the parties
1.3
The parties are required to help the court to further the overriding
objective.
1.4— Court’s duty to manage cases1
1.4
(1) The court must further the overriding objective by actively managing
cases.
(2) Active case management includes—
(a) encouraging the parties to co-operate with each other in the
conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and
trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) ordering or encouraging the parties to use, and facilitating the
use of, alternative dispute resolution;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the
case;
(h) considering whether the likely benefits of taking a particular
step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same
occasion;
(i) dealing with the case without the parties needing to attend at court;
(j) making use of technology; and
(k) giving directions to ensure that the trial of a case proceeds
quickly and efficiently.
Encouraging co-operation between parties
1.4.4
Active case management includes encouraging parties to co-operate with
each other in the conduct of the proceedings (r.1.4(2)(a)). In the Interim
Report it was recommended that the court should use its power over costs
UNIT 1
1.1— The overriding objective1
1.1
(1) These Rules are a 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 an equal footing and can
participate fully in proceedings, and that parties 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;
(f) promoting or using alternative dispute resolution;
(g) enforcing compliance with rules, practice directions and
orders.
1.2 Application by the court of the overriding objective1
1.2
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.
, 1.3 Duty of the parties
1.3
The parties are required to help the court to further the overriding
objective.
1.4— Court’s duty to manage cases1
1.4
(1) The court must further the overriding objective by actively managing
cases.
(2) Active case management includes—
(a) encouraging the parties to co-operate with each other in the
conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and
trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) ordering or encouraging the parties to use, and facilitating the
use of, alternative dispute resolution;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the
case;
(h) considering whether the likely benefits of taking a particular
step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same
occasion;
(i) dealing with the case without the parties needing to attend at court;
(j) making use of technology; and
(k) giving directions to ensure that the trial of a case proceeds
quickly and efficiently.
Encouraging co-operation between parties
1.4.4
Active case management includes encouraging parties to co-operate with
each other in the conduct of the proceedings (r.1.4(2)(a)). In the Interim
Report it was recommended that the court should use its power over costs
