THE OVERRIDING OBJECTIVE

The overriding objective is the most important, and guiding, rule in the CPR. The court will strive to give effect to its in any matter coming before it. CPR 1.1 provides:

  • These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
  • Dealing with a case justly and at proportionate cost includes, so far as is practicable-

    • ensuring that the parties are on an equal footing;
    • saving expense ;
    • dealing with the case in ways which are proportionate-
    • to the amount of money involved;
    • to the importance of the case;
    • to the complexity of the issues; and
    • to the financial position of each party;
    • ensuring that it is dealt with expeditiously and fairly; and
    • allotting to it in appropriate share of the court’s resources, while taking into account the need to allot resources to other cases”.