Overriding objective Flashcards
(7 cards)
what is the OO and what does it include?
= to deal with cases justly + at a proportionate cost.
This includes:
o Ensuring parties are on equal footing + can participate in proceedings (inc. parties and witnesses able to give their best evidence)
o Saving expense
o Dealing with cases in ways which are proportionate to: the value, importance, complexity and financial position of each party
o Ensuring it is dealt with fairly and expeditiously
o Allotting an appropriate amount of resource
o Prompting ADR
o Enforcing compliance with rules, practice directions and orders
what is parties’ duty in regard to the OO?
The parties are required to help the court to further the overriding objective.
what is the court’s role in relation to the OO?
The court must give effect to the OO when granting orders etc
It must further the OO by actively managing cases, which inc.:
Encouraging parties to cooperate / settle (inc. ADR)
Identify which can be disposed of + which require investigation early on
Control progress i.e. fix timetables
Deal with the case without parties attending court
Make sure of technology
when will a party/W be vulnerable?
a temporary or permanent personal or situational factor may adversely affect their participation (inc. giving evidence)
what should the court do in relation to vulnerable Ws/parties?
The court should try to identify any vulnerable parties/Ws at the earliest stage + take proportionate measures to further the OO
the court could consider setting ground rules in relation to giving evidence
the court must consider parties views regarding any ground rules
give examples of ground rules
o Nature + extent of evidence
o Conduct of advocates
o Implementing special measures or other support
o Prohibit/limit/modify cross-examination
give examples of special measures
o Use of screens
o Video evidence or pre-recorded evidence
o Hearing evidence in private
o Dispensing of wigs
o Intermediary or other device
