General matters

Question 1

Overriding objective (CPR and examples)

Answer 1

CPR 1.1(2)
To deal with cases justly and at proportionate cost, includes so far as is practical
a) ensuring parties are on equal footing
b) saving expense
c) dealing with the case in ways in which are proportionate
amount of money involved
importance of the case
complexity of the issue
financial position of each party
d) ensuring case is dealt with EXPEDITIOUSLY AND FAIRLY
e) allotting an appropriate amount of court resources
f) ENFORCING COMPLIANCE WITH RULES, PD AND ORDERS

(this list is NOT exhaustive)

Question 2

Active case management

Answer 2

Court must facilitate:

encouraging the parties to co-operate with each other in the conduct of the proceedings

identifying the issues at an early stage

fixing timetables or otherwise controlling the progress of the case

dealing with as many aspects of the case as it can on the same occasion

making use of technology

giving directions to ensure that the trial of a case proceeds quickly and efficiently

Question 3

How to start proceedings
PD 7A
When are proceedings started in the HIGH COURT?
tip: value and legal factors

Answer 3

Proceedings must only be STARTED in the High Court if the the value of the claim is more than £100,000

claim for damages for personal injuries must only be STARTED in the High Court if value of the claim over £50,000

a claim should be started in the High Court if:

the financial value of the claim and the amount in dispute, and/or

the complexity of the facts, legal issues, remedies or procedures involved, and/or

the importance of the outcome of the claim to the public in general,

the claimant believes that the claim ought to be dealt with by a High Court judge.

Question 4

Claims for Business and Property

County court and high court claim form labels

Answer 4

High court: “Business and Property Courts’

County Court: ‘Business and Property work’

labels in top right corner