
CPR
1.3 requires parties to help the court to further the overriding
objective. The overriding objective in turn requires the court
to ensure that cases are dealt with expeditiously and fairly with
and with an appropriate share of the court’s resources.
CPR 1.4 requires the court to further the overriding objective
by actively managing cases.
This
specifically includes “encouraging
the parties to use alternative dispute resolution procedure if
the court considers that appropriate and facilitating the use
of such procedure” and “helping the parties to settle
the whole or part of the case”. A party
who fails to take steps to settle their dispute and who consequently
takes up the court’s time and resources where a compromise
might have been achieved breaches their duty under CPR 1.3.
|