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Overriding Objective And Protocols 5 Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Overriding Objective And Protocols 5 notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

The Overriding Objective What is the "Overriding Objective"?

* To deal with cases "justly and at a proportionate cost".

* This means: o Equal Footing o Saving Expense o Dealing with the case proportionate to:
# Amount of money involved;
# Importance of the case;
# Complexity of the Issues;
# Financial Position of Each Party; o Ensuring case dealt with expeditiously and fairly; o An appropriate share of court's resources; o Enforcing compliance with CPR, practice directions, Orders.

Where does the Overriding Objective apply?

* County Court;

* High Court;

* Civil Division of the Court of Appeal


o Insolvency; o Non-contentious or common form probate; o HC acting as prize court; o Court of Protection; o Family Proceedings; o Adoption Proceedings; o Election Petitions in HC; Enforcement of the Overriding Objective

* The Court o The court must give effect to OO when exercising any power, or interpreting any rule.

o It must actively manage cases, including to:
# Encouraging cooperation;
# Identifying Issues at early stage;
# Deciding Promptly which issues can be disposed of summarily, and which need trial;

# Deciding order of issues to be resolved;
# Encouraging parties to use ADR;
# Helping parties settle in whole or part;
# Fixing Timetables to control progress;
# Weighing benefits/costs of decisions;
# Dealing with as many parts of the case in one sitting;
# Dealing with the case without parties needing to attend court;

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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