Civil Procedure Rules SA1

Overriding Objective

• The overriding objective is to deal with cases justly and at a proportionate cost, ensuring parties are on equal footing.
• Proportionate cost is based on the amount of money involved, importance of the case, complexity of issues, and financial position of each party.

Application by the Court

• The court must seek to give effect to the overriding objective when exercising any power or interpreting rules.

Duty of the Parties

• Parties are required to help the court further the overriding objective.

Court's Duty to Manage Cases

• The court must actively manage cases to further the overriding objective, including:
  • Encouraging cooperation between parties
  • Identifying issues at an early stage
  • Deciding promptly on which issues require investigation
  • Deciding the order in which issues should be resolved
  • Encouraging the use of Alternative Dispute Resolution (ADR)
  • Helping parties settle wholly or partly
  • Fixing timetables and controlling progress
  • Considering whether the benefits of a step justify the cost
  • Dealing with multiple aspects of the case simultaneously
  • Dealing with cases without requiring parties to attend court
  • Making use of technology

Encouraging Co-operation Between Parties

• The court should use its power over costs to encourage cooperative conduct and discourage unreasonable conduct.
• The court should encourage co-operation between parties to make its power to award costs more effective.

Helping Parties to Settle

• Active case management includes helping parties to settle wholly or partly, by:
  • Encouraging consensual settlement
  • Encouraging greater use of ADR
  • Ordering summary disposal of issues to narrow the dispute
  • Considering staying claims brought in breach of agreement

Encouraging Use of ADR Procedure

• Furthering the overriding objective includes hearing, ordering, or encouraging the use of ADR procedures.