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CPR 2.11, Time limits may be varied by parties?
Unless these Rules or a PD provide otherwise, or court orders otherwise, the time specified by a rule or court for a person to do any act may be varied by the written agreement of the parties.
NB, time limits which cannot be varied by agreement between the parties:
o r3.8 (sanctions have effect unless defaulting power obtains relied)
-Where court makes an 'unless order' ? the time for complying may NOT be extended by agreement between the parties UNLESS:
-the time may be extended by prior written agreement of the parties for up to a max of 28 days, provided that any such extension does not put at risk any hearing date.
o r28.4 (variation of case management timetable, fast track);
o r29.5 (variation of case management timetable, multi-track, on ?
parties must apply).
CPR Part 3, The Court's Case and Costs Management Powers
3.1, Court's general powers of management
-(1) the list of powers in this rule is in addition to any powers given to court by any other rule/PD/enactment/any other powers it has.
-(2) except where rules provide otherwise, the court may:
a) extend or shorten the time for compliance with any rule/PD/court order (even if application for extension is made after the time for compliance has expired)
b) adjourn or bring forward a hearing;
o (bb) require that any proceedings in the High Court be heard by a
Divisional Court of the High Court;
a. (3A): where such a direction is made, the proceedings shall be heard by a Divisional Court of the High Court, and not by a single judge.
c) require a party's legal rep to attend court;
d) hold a hearing & receive evidence by telephone or any other method of direct oral communication;
e) direct that part of any proceedings (eg a counterclaim) be dealt with as separate proceedings;
f) stay the whole/part of an proceedings or judgment, either generally or until a specified date or event;
g) consolidate proceedings;
h) try 2+ claims on the same occasion;
i) direct a separate trial of any issue;
j) decide the order in which issues are to be tried;
k) exclude an issue from consideration; ???l) dismiss or give judgment on a claim after a decision on a preliminary issue;
m) order any part to file and exchange a costs budget;
n) take any other step, or make any other order, for the purpose of managing the case and furthering the overriding objective (including hearing an Early Neutral Evaluation with aim of helping the parties settle the case).
(3) When the court makes an order, it may:
o (a) make it subject to conditions (including a condition to pay a sum of money into court); and
(b) specify the consequences of failure to comply with the order or a condition.
(4) Where the court gives directions, court will take account whether or not a party has complied with Practice Direction (Pre-Action Conduct) and any relevant pre-action protocol.
(5) court may order a party to pay a sum of money into court, IF that party has, without good reason, failed to comply with a rule/PD/relevant preaction protocol.
o (6) When exercising this power (to pay sum of money into court),
court MUST have regard to:
o (a) the amount in dispute; and
(b) the costs which the parties have/might incur.
(6A), where a party pays money into court (following an order under (3) or
(5)) ? the money shall be security for any sum payable by that party to any other party in the proceedings.
(7): a power of the court under these Rules to make an order includes a power to vary or revoke the order.
(8): the court may contact the parties from time to time to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.
3.1A, Case management - Unrepresented Parties
-(1) this rule applies in any proceedings where at least one party is unrepresented.
-(2) when exercising any powers of case management, court must have regard to the fact that at least 1 party is unrepresented.
-(3) both the parties and the court must, when drafting case management directions in multi-track and fast track, take as their starting point any relevant standard directions found online (justice.gov.uk website) and adapt them as appropriate.
-(4) the court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
-(5) At any hearing where the court is taking evidence, appropriate procedures may include:
o (a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and
(b) putting, or causing to be put, to the witness such questions as appear proper to the court.
3.3, Court's Power to make order of its own initiative
-(1) except where a rule/enactment provides otherwise, court may exercise its powers on an application OR of its own initiative [[Part 23 for procedure for making an application.
-(2) where the court proposes to make an order of its own initiative:
o (a) it may give any persons likely to be affected by the order an opportunity to make representations; and
(b) where it does so, it must specify the time by, and manner in which,
the representations must be made.
-(3) Where the court proposes (a) to make an order of its own initiative and
(b) to hold a hearing to decide whether to make the order ? it must give each party likely to be affected at least 3 DAYS NOTICE of the hearing.
-(4) the court may make an order of its own initiative without hearing the parties or giving an opportunity to make representations ?(5) where the court does so:
o (a) a party affected may apply to have the order set aside, varied or stayed; and
(b) the order must contain a statement of the right to make an application to set aside/vary/stay.
-(6) an application to set aside/vary/stay where order is made without representations under (5)(a), must be made:
o (a) within such period as may be specified by court; or
(b) if court does not specify, not more than 7 DAYS after date on which the order was served on the party making the application.
-(7) if the court, of its own imitative, strikes out a Statement of case or dismisses an application (including an application to appeal or for permission to apply for JR ? and it considers that the claim or application is totally without merit:
o (a) the court's order must record that fact; and
(b) the court must at the same time consider whether appropriate to make a civil restraint order.
NOTE 3.4, Power to strike out a statement of case
3.5, Judgment without trial after striking out [by (1) filing request or (2) by application]
-(1) this rule applies where (an unless order is not complied with):
o (a) the court makes an order which includes a term that the SoC of a party shall be struck out if the party does not comply with the order;
o (b) the party against whom the order was made does not comply with it.
-(A) Judgment by filing a request ?
o (2) a party may obtain judgment with costs by filing a request for judgment IF:
-(a) the order referred to in (1)(a) relates to the whole of a
-(b) where the party wishing to obtain judgment is the
Claimant, the claim is for:
-(i) a specified amount of money;
-(ii) an amount to be decided by the court;
-(iii) delivery of goods where the claim form gives D the alternative of paying their value; OR
-(iv) any combination of these remedies.
o (3) where judgment is obtained under this rule, where (2)(b)(iii)
applies [[where claim is for delivery of goods with alternative of paying value]] ? the judgment will require the D to deliver goods, OR
(if D does not do so) pay the value of the goods as decided by the court (less any payments made).
o (4) the request must state that: the right to enter judgment has arisen because the court's order has not been complied with.
(B) If not ? Judgment on (a part 23) application
(5) IF Para (2) does NOT apply -> A party wishing to obtain judgment under this rule must make an application in accordance with Pt 23 .
o [[i.e. where either
(a) the striking out does not relate to the WHOLE SoC;
o or (b) if a Claimant, seeking judgment the claim is for something not listed above).
3.8, Sanctions have effect unless defaulting party obtains relief
-(1) where a party has failed to comply with a rule/PD/court order ? any sanction for failure to comply imposed by the rule/PD/court order has effect unless the party in default applies for and obtains relief from the sanction
[[see 3.9 re relief from sanctions).
-(2) where the sanction is the payment of costs ? the party in default may only obtain relief by appealing against the order for costs.
-(3) 'Unless orders' Where a rule/PD/court order (a) requires a party to do something within a specified time, and (b) specifies the consequence of failure to comply ? the time for complying may NOT be extended by agreement between the parties UNLESS:
-(4): unless court orders otherwise, the time may be extended by PRIOR
written agreement of the parties for up to a max of 28 days, provided that any such extension does not put at risk any hearing date.
o SO, to extend time limit for an unless order, must:
-Written agreement of parties
-Prior to the deadline expiring
-Max extension of 28 days
-Not put at risk any hearing date 3.10, General Power of the court to rectify matters where there has been an error of procedure
-Where there has been an error of procedure, eg a failure to comply with a rule/PD:
o (a) the error does not invalidate any step taken in the proceedings unless the court so orders; and
(b) the court may make an order to remedy the error.
CPR Part 26, Case Management - Preliminary Stage [+PD 26, paras 7 and 9](Summary, ALLOCATION PROCEDURE)
o Court Officer provisional allocation (r26.3)
o ? Notice of proposed/provisional allocation, tells parties:
-date for filing of directions questionnaire
-(Fast-track and multi-track) date for filing proposed directions
-File & Serve directions questionnaire
-and proposed directions (if multi track/fast track).
-And file costs budget (r3.13) if claim
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