Rule 1.1 The overriding objectiveI1

England and Wales

(1)

These Rules are a F1... procedural code with the overriding objective of enabling the court to deal with cases justly F2and at proportionate cost.

(2)

Dealing with a case justly F3and at proportionate cost includes, so far as is practicable—

(a)

ensuring that the parties are on an equal footing F4and can participate fully in proceedings, and that parties and witnesses can give their best evidence;

(b)

saving expense;

(c)

dealing with the case in ways which are proportionate—

(i)

to the amount of money involved;

(ii)

to the importance of the case;

(iii)

to the complexity of the issues; and

(iv)

to the financial position of each party;

(d)

ensuring that it is dealt with expeditiously and fairly; F5...

(e)

allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; F6...

F7(f)

promoting or using alternative dispute resolution;

(F8F9g)

enforcing compliance with rules, practice directions and orders.

Annotations

Textual amendments

F1: Word in rule 1.1(1) omitted (6.4.2022) by virtue of The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 4
F2: Words in rule 1.1(1) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(a) (with rule 22)
F3: Words in rule 1.1(2) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(i) (with rule 22)
F4: Words in rule 1.1(2)(a) inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 4(2)
F5: Word in rule 1.1(2)(d) omitted (1.4.2013) by virtue of The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(ii) (with rule 22)
F6: Word in rule 1.1(2)(e) omitted (1.10.2024) by virtue of The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 3(1)(a)
F7: Rule 1.1(2)(f) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 3(1)(b)
F8: Rule 1.1(2)(f) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 4(b)(iv) (with rule 22)
F9: Rule 1.1(2)(f) renumbered as rule 1.1(2)(g) (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 3(1)(c)

Commencement

I1: Rule 1.1 in force at 26.4.1999, see Signature

Notes on Part 1

Textual amendments

F1: Words in Pt. 1 Table of Contents inserted (1.10.2018) by The Civil Procedure (Amendment No. 3) Rules 2018 (S.I. 2018/975), rules 1(1), 3(a)
F2: Words in Pt. 1 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 4(1)