OpenLegislation

Rule 1.4 Court’s duty to manage casesI1

England and Wales

(1)

The court must further the overriding objective by actively managing cases.

(2)

Active case management includes —

(a)

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

(b)

identifying the issues at an early stage;

(c)

deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

(d)

deciding the order in which issues are to be resolved;

(e)

F1ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution;

(f)

helping the parties to settle the whole or part of the case;

(g)

fixing timetables or otherwise controlling the progress of the case;

(h)

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

(i)

dealing with as many aspects of the case as it can on the same occasion;

(j)

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

(k)

making use of technology; and

(l)

giving directions to ensure that the trial of a case proceeds quickly and efficiently.

Annotations

Textual amendments

F1

Words in rule 1.4(2)(e) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 3(2)

Commencement

I1

Rule 1.4 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)