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.)
The duty of the parties E+W
1.4.—(1) The parties are required to help the court to further the overriding objective.
(2) Without prejudice to the generality of paragraph (1), each party is required to—
(a)ask the court to take steps to manage the case if—
(i)an order or direction of the court appears not to deal with an issue; or
(ii)if a matter including any new circumstances, issue or dispute arises of which the court is unaware;
(b)identify before issue if the case is within the scope of one of the case pathways and comply with the requirements of the applicable case pathway;
(c)co-operate with the other parties and with the court in identifying and narrowing the issues that need to be determined by the court, and the timetable for that determination;
(d)adhere to the timetable set by these Rules and by the court;
(e)comply with all directions and orders of the court;
(f)be full and frank in the disclosure of information and evidence to the court (including any disclosure ordered under Part 16);
(g)co-operate with the other parties in all aspects of the conduct of the proceedings, including in the preparation of bundles.
(3) If the court determines that any party has failed without reasonable excuse to satisfy the requirements of this rule, it may under rule 19.5 depart from the general rules about costs in so far as they apply to that party.
(Rule 16.2(2) deals with the requirements of general disclosure.)
The duty of legal representatives E+W
1.5.—(1) Legal representatives of parties are required to help the court to further the overriding objective.
(2) Without prejudice to the generality of paragraph (1), a legal representative of a party must—
(a)comply with any applicable rules, practice directions or orders of the court;
(b)follow (where appropriate) the applicable case pathway; and
(c)address whether the case can be swiftly resolved.
The duty of unrepresented litigants E+W
1.6.—(1) Without prejudice to the generality of rule 1.4, unrepresented litigants are required to help the court to further the overriding objective.
(2) This includes—
(a)engaging with the process applicable in the case and co-operating with the court and the other parties;
(b)seeking the court's direction if an issue or dispute arises in the case;
(c)presenting their case fairly; and
(d)seeking early resolution of any dispute where practicable.