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PART 1Overriding objective

Overriding objective

1.1.—(1) The overriding objective of these Rules is to enable the court to deal with cases justly.

(2) Dealing with a case justly includes, so far as practicable—

(a)ensuring that the parties are on an equal footing;

(b)saving expense;

(c)dealing with the case in ways that are proportionate to the importance of the case and the complexity of the issues; and

(d)ensuring that it is dealt with expeditiously and fairly.

Application by the court of the overriding objective

1.2.  The court must seek to give effect to the overriding objective when it—

(a)exercises any power given to it by these Rules; or

(b)interprets any rule.

Duty of the parties

1.3.  The parties are required to help the court further the overriding objective.

Court’s duty to manage cases

1.4.—(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a)encouraging the parties and any other persons concerned in the proceedings to co-operate with each other—

(i)in the conduct of the proceedings, and

(ii)in resolving, as far as possible, matters that are in dispute between them;

(b)identifying the issues at an early stage;

(c)deciding promptly which issues (if any) need full investigation and a hearing in court and accordingly disposing of others summarily or on consideration of written representations;

(d)deciding the order in which issues are to be resolved;

(e)fixing timetables or otherwise controlling the progress of the case;

(f)considering whether the likely benefits of taking a particular step justify the cost of taking it;

(g)dealing with as many aspects of the case as the court can on the same occasion;

(h)dealing with the case without the parties needing to attend court;

(i)making effective use of technology; and

(j)giving directions to ensure that the resolution of a case proceeds quickly and efficiently.

Case management powers

1.5.  The court’s case management powers are set out in Part 18.