PART 1E+WOVERRIDING OBJECTIVE
Contents of this Part
The overriding objective | Rule 1.1 |
Application by the court of the overriding objective | Rule 1.2 |
Duty of the parties | Rule 1.3 |
Court’s duty to manage cases | Rule 1.4 |
The overriding objectiveE+W
1.1—(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly [F1and at proportionate cost].
(2) Dealing with a case justly [F2and at proportionate cost] includes, so far as is practicable—
(a)ensuring that the parties are on an equal footing;
(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; F3...
(e)allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases [F4; and]
[F5(f)enforcing compliance with rules, practice directions and orders.]
Textual Amendments
F1Words in rule 1.1(1) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(a) (with rule 22)
F2Words in rule 1.1(2) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(i) (with rule 22)
F3Word in rule 1.1(2)(d) omitted (1.4.2013) by virtue of The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(ii) (with rule 22)
F4Word in rule 1.1(2)(e) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(iii) (with rule 22)
F5Rule 1.1(2)(f) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(iv) (with rule 22)
Commencement Information
Application by the court of the overriding objectiveE+W
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 [F6, subject to [F7rules 76.2, 79.2 [F8, 80.2 [F9, 82.2 and 88.2]]]].
Textual Amendments
F6Words in rule 1.2(b) inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rules 1, 3
F7Words in rule 1.2(b) substituted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rules 1, 3
F8Words in rule 1.2 substituted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rules 1, 3
F9Words in rule 1.2 substituted (27.2.2015) by The Civil Procedure (Amendment) Rules 2015 (S.I. 2015/406), rules 1, 3
Commencement Information
Duty of the partiesE+W
1.3 The parties are required to help the court to further the overriding objective.
Court’s duty to manage casesE+W
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)encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure;
(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;
(j)dealing with the case without the parties needing to attend at court;
(k)making use of technology; and
(l)giving directions to ensure that the trial of a case proceeds quickly and efficiently.