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Article 3 The overriding objective

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The overriding objective of these Rules is to enable the adjudicator to deal with matters justly.

(2)

Dealing with a matter justly includes, so far as is practicable—

(a)

ensuring that the parties are on an equal footing;

(b)

saving expense;

(c)

dealing with the matter in ways that are proportionate—

(i)

to the value of the land or other interests involved;

(ii)

to the importance of the matter;

(iii)

to the complexity of the issues in the matter; and

(iv)

to the financial position of each party; and

(d)

ensuring that the matter is dealt with expeditiously and fairly.

(3)

The adjudicator must seek to give effect to the overriding objective when he—

(a)

exercises any power given to him by these Rules; or

(b)

interprets these Rules.

(4)

The parties are required to help the adjudicator to further the overriding objective.