Case management- Overriding Objective-FS Flashcards
(10 cards)
What is the overriding objective of the Civil Procedure Rules (CPR)?
The overriding objective of the CPR is to enable the court to deal with cases justly and at proportionate cost.
What does dealing with a case “justly” involve under the CPR?
It includes ensuring fairness, expeditious resolution, proportionate procedures, equality between parties, saving expense, and proper allocation of the court’s resources.
Who is required to further the overriding objective under the CPR?
Both the court (when exercising any power or interpreting any rule) and the parties (who must help the court achieve the objective).
What is meant by “proportionality” in the context of the overriding objective?
Proportionality means the court process and costs incurred should reflect the nature, complexity, and value of the case.
What role does active case management play in achieving the overriding objective?
Active case management involves the court proactively managing the case to promote efficiency, fairness, and cost-effectiveness, including setting timetables and resolving issues early.
What are some examples of how a court may actively manage a case?
Identifying and prioritising key issues, controlling expert evidence, encouraging ADR, giving directions, using technology, and minimizing the need for attendance.
How does the court decide which issues require full investigation during active case management?
By evaluating which issues are central to resolving the case and which can be resolved summarily or by agreement.
When is expert evidence likely to be disallowed under the overriding objective?
When its cost and complexity are disproportionate to the amount in dispute or the importance of the issue.
Why might a 267-page disclosure list and two expert reports be inconsistent with the CPR’s overriding objective in a claim worth £300?
Because such steps are disproportionate to the small value of the claim and would violate the principle of cost-efficiency and fairness.
In what way does the overriding objective support the use of technology in litigation?
It encourages the use of efficient methods, such as video conferencing, to save time, reduce costs, and avoid unnecessary attendance.
