C2PART 3THE COURT'S CASE F7AND COSTS MANAGEMENT POWERS

Annotations:
Amendments (Textual)
F7

Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)

Modifications etc. (not altering text)
C2

Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

F8SECTION I Case Management

Annotations:
Amendments (Textual)
F8

Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)

The court’s general powers of managementI13.1

1

The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

2

Except where these Rules provide otherwise, the court may —

C1C3C4C5C6C7C8C9C10C11a

extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

b

adjourn or bring forward a hearing;

F13bb

require that any proceedings in the High Court be heard by a Divisional Court of the High Court;

c

require a party or a party’s legal representative to attend the court;

d

hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

e

direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

f

stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

g

consolidate proceedings;

h

try two or more claims on the same occasion;

i

direct a separate trial of any issue;

j

decide the order in which issues are to be tried;

k

exclude an issue from consideration;

l

dismiss or give judgment on a claim after a decision on a preliminary issue;

F2ll

order any party to file and F10exchange a costs budget;

m

take any other step or make any other order for the purpose of managing the case and furthering the overriding objective F11, including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case.

3

When the court makes an order, it may —

a

make it subject to conditions, including a condition to pay a sum of money into court; and

b

specify the consequence of failure to comply with the order or a condition.

F123A

Where the court has made a direction in accordance with paragraph (2)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.

4

Where the court gives directions it F5will take into account whether or not a party has complied with F6the Practice Direction (Pre-Action Conduct) and any relevant pre-action protocol(GL).

5

The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

6

When exercising its power under paragraph (5) the court must have regard to—

a

the amount in dispute; and

b

the costs which the parties have incurred or which they may incur.

F16A

Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings F3....

F4...

7

A power of the court under these Rules to make an order includes a power to vary or revoke the order.

F98

The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.