Part 1 – The Overriding Objective

The Overriding Objective

1.1 

1. The overriding objective of these Rules is to enable the court to deal with cases justly.
2. Dealing justly with the case includes –
   1. ensuring, so far as is practicable, that the parties are on an equal footing;
   2. saving expense;
   3. dealing with cases in ways which are proportionate to the –
      (i) amount of money involved;
      (ii) importance of the case;
      (iii) complexity of the issues; and
      (iv) financial position of each party;
   4. ensuring that it is dealt with expeditiously; and
   5. allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Application of overriding objective by the court

1.2
The court must seek to give effect to the overriding objective when it –

(a) exercises any discretion given to it by the Rules; or
(b) interprets any rule.

Duty of parties

1.3
It is the duty of the parties to help the court to further the overriding
objective.

• Part 25 deals with the court’s duty to forward the overriding objective by active case management.