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The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.
The court's aim is to ensure civil claims are dealt with justly and at proportionate cost and it has wide powers under the CPR to actively manage cases to do so. CPR Rule 1.4 sets out some of the activities which fall within the concept of case management. While the role of the CPR as a whole is to ensure the proper management of cases, CPR Rule 3 in particular sets out the court's general powers of case management.
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Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...
Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....
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This Practice Note considers case management of civil claims under the CPR, including the overriding objective of enabling the court to deal with cases justly and at proportionate cost pursuant to CPR 1, and the specific case management powers of the court under CPR 3.1. For further information on case management of civil claims, including other powers available to the court, see: Court's case management powers—overview.This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.Case management and the overriding objective (CPR 1)The CPR are a ‘procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost’ in accordance with the criteria in CPR 1.1(2) (CPR 1.1(1)). The criteria in CPR 1.1(2) are extensive and include ensuring that the parties are on an equal footing, saving expense, dealing with the case proportionately to...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. In particular, note that CPR 26 (which covers, among other matters, allocation of claims to a case management track and the requirement to file a directions questionnaire), and significant parts of CPR 29/CPR PD 29 (which deal with case management in the multi-track), do not apply in the Commercial Court (see CPR 58.13 and CPR PD 58, para 10.1), Circuit Commercial Courts (see CPR 59.11 and CPR PD 59, para 7.1) and the Technology and Construction Court (see CPR 60.6 and CPR PD 60, para 10). For information on case management in the Commercial Court and Technology and Construction Court, see Practice Notes:•Commercial Court—Commercial Court—case management•Technology and Construction Court—TCC—case managementThis Practice Note considers all aspects of case management, on and after allocation of a case to the multi-track under CPR...
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Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are
Application—strike out or unless order [insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] We apply on behalf of the [Claimant OR Respondent] for [a striking out order OR an unless order OR a striking out order or, in the alternative, an unless order]. [We consider that this application is suitable for determination on the basis of the written representations only [, unless the claimant requests a hearing at which to make oral representations in response to the strike out application,] and that such a course would avoid the need for the parties to attend, and incur the associated costs of, a hearing. OR We request that a preliminary hearing is listed to consider the details of this application.] [ [(a) ]Application for an order striking out[ a specified part of] the [claim OR response OR reply] We apply for an order striking out [a...
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A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...
Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....
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The Chancellor of the High Court, Sir Julian Flaux, has launched a consultation on a revised Practice Statement covering schemes of arrangement under Part 26 and restructuring plans under Part 26A of the Companies Act 2006.
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