Court's case management powers—FPR 2010
Court's case management powers—FPR 2010

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

  • Court's case management powers—FPR 2010
  • The overriding objective
  • Court's powers
  • Power to make orders of the court's own initiative
  • Vulnerable persons
  • Exercising case management powers
  • Sanctions
  • Power to rectify
  • Civil restraint orders
  • Court's duty to consider non-court dispute resolution

The overriding objective

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 1 sets out the overriding objective.

The overriding objective is to enable the court to deal with cases justly having regard to any welfare issues involved.

See Practice Note: FPR 2010—overriding objective.

The court must further the overriding objective by actively managing cases. Active case management includes the following thirteen elements:

  1. setting timetables or otherwise controlling the progress of the case

  2. identifying at an early stage

    1. the issues, and

    2. who should be a party to the proceedings

  3. deciding promptly:

    1. which issues need full investigation and hearing and which do not, and

    2. the procedure to be followed in the case

  4. deciding the order in which issues are to be resolved

  5. controlling the use of expert evidence

  6. encouraging the parties to use a non-court dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure

  7. helping the parties to settle the whole or part of the case

  8. encouraging the parties to co-operate with each other in the conduct of the proceedings

  9. considering whether the likely benefits of taking a particular step justify the cost of taking it

  10. dealing with as many aspects of the case as it can on the same occasion

  11. dealing with the case without the parties needing to attend at court

  12. making