Civil Procedure Rules - The Overriding Objective

The Overriding Objective

Implemented as a result of reforms suggested by Lord Woolf and his committee, one of the revelations of the rules is the “Overriding Objective” embodied in Part 1 of the Rules, which states:

1.1

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

(2) Dealing with a case justly includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

(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; and

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

1.2

The court must seek to give effect to the overriding objective when it –

(a) exercises any power given to it by the Rules; or

(b) interprets any rule.

The rules are written not just for lawyers but are intended to be intelligible for a litigant in person.