OpenLegislation

Rule 1.4 Court’s duty to manage casesI1

England

(1)

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

(2)

Active case management includes—

(a)

encouraging the parties and any other persons concerned in the proceedings to co-operate with each other—

(i)

in the conduct of the proceedings, and

(ii)

in resolving, as far as possible, matters that are in dispute between them;

(b)

identifying the issues at an early stage;

(c)

deciding promptly which issues (if any) need full investigation and a hearing in court and accordingly disposing of others summarily or on consideration of written representations F1(and see rule 18.1(2)(l));

(d)

deciding the order in which issues are to be resolved;

(e)

fixing timetables or otherwise controlling the progress of the case;

(f)

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

(g)

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

(h)

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

(i)

making effective use of technology; and

(j)

giving directions to ensure that the resolution of a case proceeds quickly and efficiently F2(see Part 11).

Annotations

Textual amendments

F1

Words in rule 1.4(2)(c) inserted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 3(a)

F2

Words in rule 1.4(2)(j) inserted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 3(b)

Commencement

I1

Rule 1.4 in force at 1.1.2016, see rule 28.1(2)