CPR Overriding Objective
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The overriding objective is a fundamental principle in the Civil Procedure Rules (CPR) in England and Wales. It serves as a guiding principle for the conduct of civil litigation in the courts and underpins the entire CPR framework. The primary purpose of the overriding objective is to ensure that cases are dealt with justly and at proportionate cost.
CPR Part 1 Rule 1.1
(1) These Rules are a procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing and 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;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
The overriding objective reflects the broader goal of the civil justice system in England and Wales, which is to provide a fair and accessible means of resolving disputes. Here is what the overriding objective means:
Dealing with cases justly and at proportionate cost: This is the core aim of the overriding objective. It emphasises the importance of ensuring that legal proceedings are conducted in a manner that achieves justice while keeping costs proportionate.
Dealing with cases justly: The courts must deal with cases in a manner that ensures justice is achieved. This means giving each party a fair opportunity to present its case, as well as ensuring that cases are resolved on their merits.
Equal footing and full participation: Parties should be on an equal footing and able to fully participate in the legal proceedings. This ensures fairness in the process and allows parties and witnesses to provide their best evidence.
Saving expense: he courts should seek to save expense, both for the parties involved and for the court system itself. This involves avoiding unnecessary or disproportionate costs.
Ensuring proportionality: The courts must consider the proportionality of the steps taken in the case, including the costs involved. The way the case is handled should be proportionate to factors such as the amount of money involved, the case's importance, complexity, and the financial circumstances of the parties. This principle encourages parties to conduct litigation efficiently and economically.
Ensuring timely resolution: Cases should be dealt with promptly and without unnecessary delay. This includes adhering to case management timetables and court deadlines.
Ensuring fairness: The overriding objective encompasses the principle of fairness. It means that cases should be conducted fairly, with each party having a reasonable opportunity to present its case.
Allocating resources appropriately: Resources, including judicial and court resources, should be allocated efficiently to ensure that cases are resolved effectively.
Enforcing compliance: The courts must enforce compliance with rules, practice directions, and court orders. This includes taking appropriate sanctions when parties fail to adhere to their obligations.
In summary, CPR Part 1 Rule 1.1 sets out the overriding objective that governs civil litigation in England and Wales. It provides a framework for judges and practitioners to make decisions and conduct litigation in a way that balances the interests of all parties and ensures that justice is achieved without unnecessary delay or expense.
CPR Part 1 Rule 1.1
(1) These Rules are a procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing and 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;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
The overriding objective reflects the broader goal of the civil justice system in England and Wales, which is to provide a fair and accessible means of resolving disputes. Here is what the overriding objective means:
Dealing with cases justly and at proportionate cost: This is the core aim of the overriding objective. It emphasises the importance of ensuring that legal proceedings are conducted in a manner that achieves justice while keeping costs proportionate.
Dealing with cases justly: The courts must deal with cases in a manner that ensures justice is achieved. This means giving each party a fair opportunity to present its case, as well as ensuring that cases are resolved on their merits.
Equal footing and full participation: Parties should be on an equal footing and able to fully participate in the legal proceedings. This ensures fairness in the process and allows parties and witnesses to provide their best evidence.
Saving expense: he courts should seek to save expense, both for the parties involved and for the court system itself. This involves avoiding unnecessary or disproportionate costs.
Ensuring proportionality: The courts must consider the proportionality of the steps taken in the case, including the costs involved. The way the case is handled should be proportionate to factors such as the amount of money involved, the case's importance, complexity, and the financial circumstances of the parties. This principle encourages parties to conduct litigation efficiently and economically.
Ensuring timely resolution: Cases should be dealt with promptly and without unnecessary delay. This includes adhering to case management timetables and court deadlines.
Ensuring fairness: The overriding objective encompasses the principle of fairness. It means that cases should be conducted fairly, with each party having a reasonable opportunity to present its case.
Allocating resources appropriately: Resources, including judicial and court resources, should be allocated efficiently to ensure that cases are resolved effectively.
Enforcing compliance: The courts must enforce compliance with rules, practice directions, and court orders. This includes taking appropriate sanctions when parties fail to adhere to their obligations.
In summary, CPR Part 1 Rule 1.1 sets out the overriding objective that governs civil litigation in England and Wales. It provides a framework for judges and practitioners to make decisions and conduct litigation in a way that balances the interests of all parties and ensures that justice is achieved without unnecessary delay or expense.
