Q&As

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?

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Published on LexisPSL on 19/01/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?
  • Court’s case management powers
  • Appealing case management decisions
  • Judicial review
  • Setting aside an order
  • CPR 3.1(7)—power to vary or revoke a court order
  • CPR 40.12—The slip rule
  • Complaints about the court’s service

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?

Court’s case management powers

The court's aim is to ensure that cases are dealt with justly and at proportionate cost—in other words, in accordance with the overriding objective. It has wide powers to manage the case so as to effect furtherance of that objective.

The court has a wide range of case management powers under CPR 3.1(2) which can be exercised unless the CPR provides otherwise. The powers can be exercised on the court's own initiative or following an application by one of the parties (CPR 3.3(1)) and CPR 23 sets out the procedure for making an application.

Those powers include adjourning hearings under CPR 3.1(2)(b)—see Practice Note: Case management—court's powers—Dispute Resolution under the heading, Case management—court's powers—Dispute Resolution—Adjourning hearings—Rule 3.1(2)(b).

In Albon (trading as NA Carriage Co) v Naza Motor Trading SDN BHD it was confirmed that:

  1. the power is an exercise of the court's discretion

  2. discretion must be exercised in accordance with the overriding objective

  3. all relevant factors must be weighed in the balancing exercise that the trial judge must carry out

While it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a party may wish to apply to have an order varied, revoked

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