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Case Management Sanctions Notes

LPC Law Notes > Civil Litigation Notes

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A more recent version of these Case Management Sanctions notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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

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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