
The
Civil Procedure Rules were introduced in April 1999 and part of
their effects are to give judges more control over cases and to
encourage lawyers and litigants to co-operate with each other.
Control
by judges includes:
Identifying
the key points early on in the case
Deciding
which points should go to trial and which can be decided on the
spot
Fixing
strict timetables
Controlling
the evidence
Encouraging
alternative dispute resolution (“ADR”) and settlement
out of court
The
two major principles underlying the Civil Procedure Rules are,
firstly, that the conduct of the proceedings should be reasonable
(unreasonable conduct will be penalised) and, secondly that the
court and the parties should consider whether the likely benefits
of taking a step in the proceedings justify the cost of taking
it. Conduct, which is disproportionate to the benefit obtained,
will be penalised. These form part of the “overriding objective”,
discussed below.
IMPORTANT:
This guide contains important information and helps explain the
requirements of the Civil Procedure Rules. These notes are for
general guidance only and should not be relied upon without specific
advice.
|