What Are Court Case Management Powers?
The court has the power to manage cases to ensure they proceed efficiently, effectively, and with minimal delay. A crucial element of the court’s case management powers is to ensure all cases are dealt with justly, balancing the interests of all parties while upholding the principles of fairness and justice.
As specialist litigation solicitors, understanding and applying the rules governing litigation is key to securing a favourable outcome for our clients.
As specialist litigation solicitors the Civil Procedure Rules (or ‘CPR’) are tools in our armoury that govern process, procedure and in some areas set out the legal test that we have to satisfy on behalf of our clients, to succeed. We therefore use our knowledge of the CPR and interpretation of the CPR as both a shield to protect our clients’, and a sword to criticise and challenge opponents.
What Is CPR 3?
The Civil Procedure Rules, Part 3, grants the court extensive case management powers to ensure that cases are handled efficiently, making the best and fairest use of judicial resources. This approach prevents the system from being clogged with unnecessarily slow or complicated litigation, thereby maintaining fair access to justice for all, regardless of the size or nature of their claim. Complex cases can be directed into specialised streams that are better suited to their particular challenges. The court can manage the conduct of hearings and the presentation of evidence, often taking a very hands-on role.
A significant aspect of this control is aimed at achieving a settlement as quickly as possible, which can sometimes involve ordering the parties to consider/engage in Alternative Dispute Resolution (ADR). ADR helps avoid the time and expense of a full trial and also mitigates the adversarial nature of litigation, potentially preserving personal and professional relationships. This can be crucial in business transactions where a dispute is only part of a larger commercial picture.
The court’s case management powers are exercised to further the overriding objective of dealing with cases justly and at proportionate cost, as outlined in CPR 1.1. These powers enable the court to make orders subject to conditions, specify consequences for non-compliance, and impose penalties for failure to adhere to rules or directions, such as striking out a claim or imposing severe cost penalties.
CPR 3 contains three key provisions.
CPR 3.1: Case Management
This part of the rule covers setting timetables for proceedings. The court can bring forward or adjourn cases and manage the disclosure process.
The court’s control over document disclosure can involve limiting the number of documents a litigant can bring forward and the presentation of evidence.
CPR 3.2: The Duty to Manage Cases Actively
Active case management under CPR 3.2 involves the court taking proactive steps to manage cases efficiently and justly. This includes identifying the core issues early, which can streamline the litigation process and potentially lead to alternative dispute resolution (ADR) methods such as mediation, arbitration or settlement negotiations between the parties. The court further encourages cooperation between parties to facilitate agreements and avoid unnecessary delays. By actively managing cases, the court aims to resolve disputes quickly and efficiently, ensuring that the litigation process is not prolonged unnecessarily
The court’s duty to manage cases actively is fundamental and includes various measures such as setting strict timetables, monitoring compliance with directions, and ensuring that evidence is presented clearly and concisely. The court also has the power to order or encourage the use of ADR to help parties settle disputes without resorting to a full trial. This approach not only saves time and costs but also helps in achieving a fair resolution of the case.
CPR 3.3: Case Management Conferences and Pre-Trial Reviews
Under CPR 3.3, the court actively manages cases through case management conferences (CMCs) and pre-trial reviews (PTRs) to ensure the smooth progress of litigation. These hearings are crucial for setting strict deadlines for the parties to complete specific tasks, with penalties, otherwise known as sanctions, for non-compliance. The court can also make or deny orders at the request of either party to adjust the process and tailor it to individual cases.
At a Case Management Conference (CMC), the court reviews the state of the case’s preparation, checks compliance with previous directions, and gives any further necessary directions leading up to the trial. This includes reviewing the steps the parties have taken to prepare the case and their compliance with any directions given by the court. The court may contact the parties to monitor compliance, and the parties must respond promptly to such enquiries.
The court also decides and gives directions about the steps to be taken to secure the progress of the claim in accordance with the overriding objective set out in CPR 1.1(1). This involves ensuring that all agreements that can be reached between the parties about the matters in issue and the conduct of the claim are made and recorded. The court actively manages cases by encouraging the parties to cooperate with each other and fixing timetables or otherwise controlling the progress of the case
Additionally, the court considers whether to order or encourage the parties to engage in alternative dispute resolution (ADR), especially in cases where the costs of a trial are disproportionate to the amount in issue. This is in line with the court’s duty to further the overriding objective by actively managing cases. The CMC is typically held months before the trial, although this can vary depending on the case’s complexity.
At the PTR, the court further reviews the state of the case’s preparation, checks compliance with previous directions, and gives any further necessary directions leading up to the trial.
If a party misses a deadline and is subject to sanctions, they may seek relief under CPR 3.9. The court will consider all the circumstances of the case, including the need for litigation to be conducted efficiently and at proportionate cost and the importance of enforcing compliance with rules and orders. The application for relief must be supported by evidence, and one key test is whether the application was made promptly.
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