Case management—compliance
Case management—compliance

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Case management—compliance
  • What is compliance?
  • The overriding objective
  • Why is compliance important?
  • What is the effect of non-compliance?
  • How can you avoid being non-compliant?
  • What can you do if you have been non-compliant?
  • Interaction between relief from sanctions and strike out applications—Rule 3.9 and Rule 3.4(2)(c)

What is compliance?

Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8). Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance.

The overriding objective

The overriding objective is for the courts to deal with cases justly and at proportionate cost (CPR 1.1). This includes, among other things, enforcing compliance with rules, practice directions and orders (CPR 1.2(f)).

Both the court and the parties are obliged to have regard to the overriding objective during the course of any litigation. More particularly:

  1. the court ‘must seek to give effect to the overriding objective when it exercises any power given to it by the Rules’

  2. ‘the parties are required to help the court to further the overriding objective’, this includes co-operating with each other in the conduct of the proceedings pursuant to CPR 1.4(2)(a). Hayden is an example of the court criticising the parties for their lack of 'proper professional cooperation' and, in particular, 'taking wholly unmeritorious points and making unfounded allegations of bad faith'. The judge suggested the parties' 'attritional warfare' could have been avoided as the issues before him 'were all capable of resolution by