14 Questions
What is the overriding objective of the rules?
To ensure that the parties are on equal footing and deal with cases justly and at a proportionate cost
What is one of the factors to be considered when ensuring that cases are dealt with at a proportionate cost?
The complexity of issues
When must the court seek to give effect to the overriding objective?
When exercising any power given to it by the rules or interpreting any rule
What is the duty of the parties in relation to the overriding objective?
To help the court to further the overriding objective
What is one of the ways to ensure that parties are on equal footing?
By ensuring that parties can participate fully in proceedings
What is one of the rules that the court must take into account when giving effect to the overriding objective?
Rule 76.2
What is one of the ways the court can encourage co-operation between parties?
By using its power over costs to encourage cooperative conduct
What is the objective of the court's power to award costs?
To make the court's power more effective as an incentive for responsible party behavior
What is one of the ways the court can help parties to settle?
By ordering the use of OTS
What is the presumption when considering a stay of claims brought in breach of agreement?
In favour of exercising discretion to stay proceedings
What is one of the benefits of encouraging co-operation between parties?
It makes the court's power more effective as an incentive
What is one of the ways the court can actively manage cases?
By identifying the issues at an early stage
What is one of the purposes of the increased powers given to the court to order disclosure of documents or inspection of property before a claim is made?
To encourage co-operation between the parties
What is one of the ways the court can further the Overriding Objective (OO)?
By actively managing cases
Study Notes
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.
This quiz covers the objectives of civil procedure rules, including ensuring parties are on equal footing, saving expenses, and dealing with cases proportionately. It also explores the importance of enabling the court to deal with cases justly and at a proportionate cost.
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