> ### CIVIL PROCEDURE RULES

> ### PART 1 OVERRIDING OBJECTIVE

> ### CONTENTS OF THIS PART

> The overriding objective | Rule 1.1
> Application by the court of the overriding objective | Rule 1.2
> Duty of the parties | Rule 1.3
> Court's duty to manage cases | Rule 1.4

> ### THE OVERRIDING OBJECTIVE

> 1.1 | (1) | These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
> | (2) | Dealing with a case justly includes, so far as is practicable - ensuring that the parties are on an equal footing; saving expense; dealing with the case in ways which are proportionate - to the amount of money involved; to the importance of the case; to the complexity of the issues; and to the financial position of each party; ensuring that it is dealt with expeditiously and fairly; and allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

> ### APPLICATION BY THE COURT OF THE OVERRIDING OBJECTIVE

> 1.2 | The court must seek to give effect to the overriding objective when it- exercises any power given to it by the Rules; or interprets any rule.

> ### DUTY OF THE PARTIES

> 1.3 | The parties are required to help the court to further the overriding objective.

> ### COURT'S DUTY TO MANAGE CASES

> 1.4 | (1) | The court must further the overriding objective by actively managing cases.
> | (2) | Active case management includes - encouraging the parties to co-operate with each other in the conduct of the proceedings; identifying the issues at an early stage; deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others; deciding the order in which issues are to be resolved; encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure; helping the parties to settle the whole or part of the case; fixing timetables or otherwise controlling the progress of the case; considering whether the likely benefits of taking a particular step justify the cost of taking it; dealing with as many aspects of the case as it can on the same occasion; dealing with the case without the parties needing to attend at court; making use of technology; and giving directions to ensure that the trial of a case proceeds quickly and efficiently.

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