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Case Management Sanctions Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Case Management Sanctions document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Case Management, Sanctions &
Directions General Powers CPR r.1.4(1): The court must further the overriding objective by "actively" managing cases. (2): Active case management includes -

a. encouraging the parties to co-operate with each other; b. identifying the issues at an early stage; c. deciding promptly which issues need full investigation and trial; d. deciding the order in which issues are to be resolved; e. encouraging the parties to use ADR if the court considers it appropriate; f. helping the parties to settle the whole or part of the case; g. fixing timetables or otherwise controlling the progress of the case; h. consider whether the likely benefits of taking a particular step justify the cost;

i. dealing with as many aspects of the case as it can on the same occasion; j. dealing with the case without the parties needing to attend at court; k. making use of technology; and l. ensure that the trial of a case proceeds quickly and efficiently. CPR r.3.1(2): The non-exclusive powers of the court include:

a. extend or shorten the time for compliance with any rule, PD or court order; b. adjourn or bring forward a hearing; c. require a party or a party's legal representative to attend the court; d. hold a hearing and receive evidence by telephone or by using any other method;

e. separate or consolidate certain parts of the proceedings (such as a counterclaim);

f. stay the whole or part of any proceedings or judgment until a specified date or event;

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