PART 18The court’s case management powers

The court’s general powers of case management18.1

1

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

2

Except where these Rules provide otherwise, the court may—

a

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

b

give permission to a party to amend any pleading or other document on such terms (including as to the giving of further public notice) as it considers just;

c

adjourn or bring forward a hearing;

d

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

e

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

f

direct that part of any proceedings be dealt with as separate proceedings;

g

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

h

consolidate proceedings;

i

try two or more sets of proceedings on the same occasion;

j

direct a separate trial of any issue;

k

decide the order in which issues are to be tried;

l

exclude an issue from consideration;

m

dismiss or give judgment on any proceedings after a decision on a preliminary issue;

n

order any party to file and serve an estimate of costs;

o

take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

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.

4

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

5

An order under paragraph (2)(a) may be made by the registrar.