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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.

 
ADR and the Court
 
Arbitration/Adjudication

 

CPR Guide

 

Dispute Resolution Funding

 

Mediation

 

Early Neutral Evaluation

 

Privilege

 

 

 
Overriding Objective

 

Pre-action behaviour

 

Part 36 Offers to Settle

 

Claimant’s Offer & Defendant's Offer

 

Costs Consequences

 

ADR (alternative dispute resolution)

 

Mediation

 

Allocation of Cases

 

Statement of Case and of Truth

 

Summary Judgment

 

Disclosure
 
Privileged Documents

 

Case Management Conference

 

Expert Evidence

 

Costs

 

Recovery of Costs

 

Summary Assessment of Costs