The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
You should also consider if the proceedings will be subject to the disclosure pilot in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
The ‘overriding objective’ of the CPR is to enable the court to deal with cases ‘justly and at proportionate cost’ in accordance with the criteria in CPR 1.1(2) (CPR 1.1(1)). The court must further the overriding objective by actively managing cases (CPR 1.4(1)) and active management of cases can include any of the steps as set out in CPR 1.4(2). The parties are also required to help the court to further the overriding objective (CPR 1.3) and, in this respect, see the warning of Jackson LJ for parties to consider this in Emmott v Michael Wilson at para —see News Analysis: Post-judgment freezing injunctions and allowed business expenses: Court of Appeal considers the Angel Bell exception (Emmott v Michael Wilson & Partners Ltd).
The court also has a wide range of case management powers under CPR 3.1(2) which can be exercised unless the CPR provides otherwise.
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