
The
overriding objective of the Civil Procedure Rules is to ensure
that the cases are dealt with justly. This includes: ensuring
that the parties are on an equal footing; saving expense; ensuring
that the case is dealt with fairly and expeditiously; and dealing
with the case in a way that is proportionate to the amount of
money involved, the importance and complexity of the case and
the parties’ financial positions.
The
parties have a duty to help the Court to further the overriding
objective. Failure to comply with this duty, or any rule or court
order, may result in a sanction. Sanctions include:
The
Court striking out all or part of the Claim or Defence.
The
Court requiring a payment into court as a condition of continuing
with the Claim or Defence.
The
Court ordering the party in default to pay all or part of their
opponent’s legal costs.
The
Court varying the amount of interest payable on any damages.
|