Part 25 – Case Management –The Objective

Court’s duty to actively manage cases

25.1

1. The court must further the overriding objective by actively managing cases. This may include –
   1. actively encouraging and assisting parties to settle the whole or part of their case on terms that are fair to each party;
   2. considering whether the likely benefits of taking a particular step will justify the cost of taking it;
   3. dealing with as many aspects of the case as is practicable on the same occasion;
   4. dealing with as many aspects of the case, as it appears appropriate to do, without requiring the parties to attend court;
   5. deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
   6. deciding the order in which issues are to be resolved;
   7. encouraging the parties to co-operate with each other in the conduct of proceedings;
   8. encouraging the parties to use any appropriate form of dispute resolution including, in particular, mediation, if the court consid­ers it appropriate and facilitating the use of such procedures;
   9. ensuring that no party gains an unfair advantage by reason of that party’s failure to give full disclosure of all relevant facts prior to the trial or the hearing of any application;
   10. fixing timetables or otherwise controlling the progress of the case;
   11. giving directions to ensure that the trial of the case proceeds quickly and efficiently;
   12. identifying the issues at an early stage; and
   13. making appropriate use of technology.
       • Part 1 sets out the overriding objective.