OpenLegislation

Rule 5 Court’s duty to manage cases

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

(1)

The court will 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 at an early stage—

(i)

the issues; and

(ii)

who should be a party to the proceedings;

(c)

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;

(d)

deciding the order in which issues are to be resolved;

(e)

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

(f)

fixing timetables or otherwise controlling the progress of the case;

(g)

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

(h)

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

(i)

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

(j)

making use of technology; and

(k)

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