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IMPORTANT:
This guide contains important information and help explain the requirements of the Civil Procedure Rules.  These notes are for general guidance only and should not be relied upon without specific advice.

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Guide to the Civil Procedure Rules

The Civil Procedure Rules were introduced in April 1999 and part of their effects are to give judges more control over cases and to encourage lawyers and litigants to co-operate with each other.

Control by judges includes:

  • Identifying the key points early on in the case
  • Deciding which points should go to trial and which can be decided on the spot
  • Fixing strict timetables
  • Controlling the evidence
  • Encouraging alternative dispute resolution (“ADR”) and settlement out of court

The two major principles underlying the Civil Procedure Rules are, firstly, that the conduct of the proceedings should be reasonable (unreasonable conduct will be penalised) and, secondly that the court and the parties should consider whether the likely benefits of taking a step in the proceedings justify the cost of taking it.  Conduct, which is disproportionate to the benefit obtained, will be penalised.  These form part of the “overriding objective”, discussed below.

Overriding Objective
Pre-action behaviour
Part 36 Offers to Settle
Claimant’s Offer & Defendant's Offer
Costs Consequences
ADR (alternative dispute resolution)
Mediation
Allocation of Cases
Statement of Case and of Truth
Summary Judgment
Disclosure
Privileged Documents
Case Management Conference
Expert Evidence
Costs
Summary Assessment of Costs

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