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PART 1E+WTHE OVERRIDING OBJECTIVE

Duties to further the overriding objectiveE+W

Court's duty to manage casesE+W

1.3.—(1) The court must further the overriding objective by actively managing cases.

(2) The court must manage a case at all times and in particular—

(a)when a case is referred to a judge;

(b)at every hearing, whether listed by the court on its own initiative or on application by a party;

(c)at all stages of a final hearing; and

(d)when considering enforcement measures including committal.

(3) Active case management includes—

(a)considering the appropriate case pathway for the case;

(b)ensuring—

(i)that the appropriate judge is allocated to the case;

(ii)judicial continuity, so far as practicable;

(c)avoiding delay and keeping costs down;

(d)encouraging the parties to co-operate with each other in the conduct of the proceedings;

(e)identifying at an early stage—

(i)the issues; and

(ii)who should be a party to the proceedings;

(f)deciding promptly—

(i)which issues need a full investigation and hearing and which do not; and

(ii)the procedure to be followed in the case;

(g)deciding the order in which issues are to be resolved;

(h)encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate;

(i)fixing timetables or otherwise controlling the progress of the case;

(j)considering whether the likely benefits of taking a particular step justify the cost of taking it;

(k)dealing with as many aspects of the case as the court can on the same occasion;

(l)dealing with the case without the parties needing to attend at court;

(m)making use of technology;

(n)giving directions to ensure that the case proceeds quickly and efficiently;

(o)considering whether any hearing should be heard in public; and

(p)considering whether any document relating to proceedings should be a public document and, if so, whether and to what extent it should be redacted.

(Rules 4.2 to 4.4 make provision about the court's powers to authorise publication of information about proceedings and to order that a hearing be held in public.)