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2 An Introduction To CPR and OO

The document provides an introduction to the Civil Procedure Rules (CPR) and the overriding objective in the UK legal system. It explains that the CPR govern civil litigation procedure and notes the most important rule is the overriding objective to deal with cases justly and at proportionate cost. It discusses that the court and parties must give effect to the overriding objective, with the court actively managing cases to further this goal.

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pooja kumar
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50 views

2 An Introduction To CPR and OO

The document provides an introduction to the Civil Procedure Rules (CPR) and the overriding objective in the UK legal system. It explains that the CPR govern civil litigation procedure and notes the most important rule is the overriding objective to deal with cases justly and at proportionate cost. It discusses that the court and parties must give effect to the overriding objective, with the court actively managing cases to further this goal.

Uploaded by

pooja kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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An introduction to the

CPR and the


overriding objective
This element provides an introduction to
the Civil Procedure Rules and the
overriding objective.
Civil procedure rules CPR

The main CPR which support the content of this element are:
- CPR 1.1 to 1.4
Introduction
There are certain concerns which run throughout civil litigation. Four examples are set
out below. This element will focus on the Civil Procedure Rules 1998 and the overriding
objective.

Rule 1 of the CPR: the


Costs
'overriding objective'

The Civil
Pervasive The burden and
Procedure Rules
concerns standard of proof
1998
The Civil Procedure Rules 1998
The Civil Procedure Rules govern the procedure of litigation.
The Civil Procedure Rules are divided into parts.
Each part contains a number of rules.
Most parts are supplemented by 'Practice Directions'.
Both rules and practice directions are binding, and you must read them together.
CPR Suggested abbreviation
Part 6 (which relates to service of documents) CPR 6
Rule 6.3 in Part 6 (which relates to methods of service) CPR 6.3
Practice Direction 6A, which accompanies CPR 6 6A PD, or PD 6A
Paragraph 3.1 of 6A PD 6A PD 3.1

The most up-to-date version of the CPR can be found online at


www.justice.gov.uk/courts/procedure-rules/civil
In addition to reading the CPR, in practice you will sometimes need to consider the
commentary in the published edition of the CPR: Sweet & Maxwell's Civil Procedure
Service. This is referred to in practice as the White Book and is used extensively by
practitioners and judges.
Whilst the commentary itself is not law, the commentary will frequently draw the reader's
attention to relevant judgments interpreting the rules and to relevant legislation, which do
have the force of law.
Overriding objective
One of the most important and pervasive rules in the CPR is the 'overriding objective'.

The overriding objective of the CPR is 'to enable the court to deal with cases justly
and at proportionate cost' and the rule explains that this involves:
a) Ensuring that the parties are on an equal footing.
b) Saving expense.
c) Dealing with the case in ways which are proportionate to the amount of money
involved, the importance of the case, the complexity of the issues and the
financial position of each party.
d) Ensuring the case is dealt with expeditiously and fairly.
e) Allotting to each case an appropriate share of the court's resources, taking into
account the need to allot resources to other cases.
f) Enforcing compliance with rules, practice directions and orders.
(CPR 1.1)
Who must give effect to the overriding objective?
The court…..
(CPR 1.2)

….which will actively manage the case to do so


(encouraging co-operation, identifying key issues,
making use of technology)…
(CPR 1.4)

…and the parties are required to help the court to


further the overriding objective.
(CPR 1.3)
!
Consider the overriding objective
at all stages of litigation
Example Example

An aggressive firm of solicitors act on behalf of a claimant in an uncomplicated


breach of contract claim in the sum of £12,000 and their team of solicitors bombard
the defendant's solicitors with numerous tactical applications to the county court.

Each application is made without notice to the defendant (without serving a copy of
the application on the defendant). The claimant incurs costs of £9,500 in making the
applications, instructing senior counsel and attending the hearing.

The District Judge decides to list all the applications to be heard together at the
same time. At the hearing, the District Judge indicates that the claimant should have
attempted to obtain the prior consent of the defendant to all the orders sought, and
that the applications were not urgent.

What is your view on this approach by the claimant?


Example Example

An aggressive firm of solicitors act on behalf of a claimant in an uncomplicated


breach of contract claim in the sum of £12,000 and their team of solicitors bombard
the defendant's solicitors with numerous tactical applications to the county court.

Each application is made without notice to the defendant (without serving a copy of
the application on the defendant). The claimant incurs costs of £9,500 in making the
applications, instructing senior counsel and attending the hearing.
C is spending a lot of money on a claim which
The District Judge decides to list all the applications
OO requires: to be heard
is straightforward and together
low value.atTothe
further the
same time. At the
a) Saving expense. hearing, the District Judge indicates that the claimant should
OO, the court may limit the recoverability have of
attempted
c) Dealing to obtain
with the prior
the case consent
in ways whichofare
the defendant
these costs.to all the orders sought, and
that the applications
proportionate to thewere not urgent.
amount of money In making numerous tactical applications, C
involved, the importance of the case, the has not helped the OO – the court may punish
complexity
What is yourof view
the issues and
on this by thethis,
the financial
approach for example with costs sanctions.
claimant?
position of each party. The J has helped the OO by listing all the
applications together.
Summary Summary

• The CPR consist of a number of rules covering all aspects of court procedure.
• The first rule is that the overriding objective of the CPR is to enable courts to deal
with cases justly and at proportionate cost – the court is obliged to try and give
effect to this objective, and the parties are obliged to assist the court to do so.
• The court actively manages cases, to further the overriding objective (CPR 1.4).
This means the court will not simply allow the parties to decide how to run the
litigation. The court has broad powers to manage the case by setting deadlines,
directing certain conduct and imposing sanctions.

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