The Overriding Objective

The Courts are guided by the Civil Procedure Rules to deal with cases justly and at proportionate costs, this is known as the ‘overriding objective’.

The Courts will try to promote the overriding objective by:

  • Saving expense – the Court and the parties must work towards “saving expense” by preventing unnecessary expenditure and making litigation more affordable;
  • Dealing with the case in ways which are proportionate to the amount of money involved – the dispute may itself be for an amount not much larger than the costs being incurred in litigation;
  • Dealing with a case justly and at proportionate cost also means to consider the complexity of the issues, the importance of the case and the financial position of each party;
  • Ensuring that a case is managed with efficiently and fairly – the court fixes, controls and monitors the timetable to progress the case between issue of the claim through to allocation of a track and the hearing;
  • Enforcing compliance with Civil Procedure Rules, practice directions and orders;

However, parties involved in a dispute are expected to assist the Court in furthering the overriding objective by identifying the issues at an early stage, cooperating with one another and to settle disputes without resorting to litigation such as considering alternative dispute resolution (“ADR”).

During the course of proceedings an opportunity should not be lost to assist the Court in holding an opponent to account where the overriding objective is not being advanced.

If you have a query or would like to book an appointment with any member from our Litigation team please get in touch on 01256 320555 or email mail@clarkeandson.co.uk.

Irfan Dad

Employment & Litigation Paralegal

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