Civil Procedure rules and overriding objective

Civil Procedure Rules

Govern procedure of litigation, divided into parts

How are the CPR Structured?

Each part contains rules. Most parts have binding Practice Directions (PDs) that must be read with the rules

Overriding objective

to enable the court to deal with cases justly and at proportionate cost

Key lims of OO (CPR 1.1)

1. Equal footing

2. saving expense

3. proportionality (value, importance, complexity, parties’ fiances)

4. appropriate share of resources

5. enforcing compliance

Proportionate

Steps and costs should be proportionate to value, importance,complexity, and parties’ financial positions

Can the OO justify costs consequences?

Yes disproportionate or tactical conduct can lead to adverse costs orders or limits on cost recovery

Who must give effect to the OO? (CPR 1.2)

The court must seek to give effect to the OO when exercising its powers and interpreting the rules

What are the parties duties under CPR 1.3?

Required to help the court further the OO (cooperate, avoid waste, be proportionate)

Active case management

The court proactively manages cases: encourages cooperation/ADR, identifying issues early, setting timetables, limiting evidence and using tech to save time and costs

Examples of active case management

Fix timetables/CMCs, limit disclosure/expert evidence to whats proportionate, encourage ADR and narrow

Standard proof

balance of probabilities (more likely than not)

Who bears the burden of proof?

Generally, the party asserting the fact (usually the claimant on liability; burdens may shift on particular issues)

How does the OO interact with costs

The court may penalise disproportionate or non-cooperative conduct with costs sanctions to reflect OO goals

Who is ‘vulnerable’ party?

Someone’s ability of participation is affected by adverse factors (age, language, disiability, impairment, cultural etc)

What does court do regarding vulnerability?

Identify vulnerability early and take proportionate measures (directions, support, adjusted timetables, guidance to advocated) to facilitate full participation

Measures for vulnerable participants (PD 1A)

extra time; intermediaries/support; special questioning directions; remote attendance; accessible formats/tech

What are the costs consequences under the Welsh PD?

if costs arise due to a party’s non-compliance with the PD, the court may make a costs order against that party

What should paerties do before making applications under the OO?

Seek consent where appropriate, narrow issues, use correspondance sensibly, avoid unnecessary without-notice applications

what sanctions are available if OO is breached?

Cost orders and case-management sanctions (e.g. limiting disclosure/expert evidence), subject to relief applicaions under other CPR

Exam tips

Slways cite proportionality+cooperation/ADR; tie your proposed order to saving expense and efficient use of resources