One and Co

One and Co

by

The Civil Procedure

Set of rules used by the court of appeal and high court are the civil procedure rules. They came into force for each and every case after 26th April 1999 and replaced the ruled of the supreme court.

How it started

Until 1998, there was a civil justice review in order to tackle all the problems that were recurrent in the civil law system. Innovations were noticed but the problems could still not be solved. In 1994, Lord Woolf was appointed to review and reform the civil procedure system. Problems like high cost, delays, and complexity were identified in the system and needed immediate reform. Thus, came the CPR law. It was introduced to improve the justice system by making the justice procedure cheap, easy to understand by the common people and carried on without any delay.

Overriding Objective – The commencing statement

The CPR law comes with an overriding objective to help apply specific provisions and guide a person as in what to do when no specific rules apply. The rule deals with the following: –

  1. It ensures that the parties have an equal chance to present their case.
  2. It should be cost-effective
  • The type of case should be proportionate to-
  • The amount of money
  • The importance of the case
  • The level of complexity
  • The financial position of both the parties
  1. It ensures that the cases are dealt with fairly without any biases.
  2. When there is a need for allocating sources, it ensures that the resources are provided equally.
  3. It ensures everyone complies with the rules, practices, and orders given by the court.
  4. The duty of the parties is to help the court in implying the CPR law effectively.
  5. The court should ensure that the overriding effect is in action when
  • It exercises the power it has by the rules.
  • It interprets any rule which is in the subject to rules 76.2, 79.2, 80.2, 82.2, and 88.2.
  1. It ensures that the court manages the duty it has towards the cases. It includes: –
  • Encouraging both the parties to cooperate with each other when the case proceedings are going on.
  • Identifying the issues early.
  • Planning as to which case needs a prompt investigation and disposing of the cases on the basis of that.
  • If the court seems it fit, encouraging the parties to use an alternative dispute resolution.
  • Helping the parties so that they can solve and settle the case in a better way.
  • Managing the progress of every case.
  • Looking into the fact that the cost involved in solving the same is appropriate.
  • Dealing with more parts of the cases in the same day so that it gets solved promptly.
  • Dealing with the cases without the need of parties actually visiting the court.
  • Making use of the advanced technology in effective decision making.
  • Giving directions to the parties for a quicker and efficient trial of the case.