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Section 3: Procedural reform and the Basic Law
Section 4: Overriding objective and case management powers
Proposal 1
Provisions expressly setting out the overriding objectives of the civil justice system should be
adopted with a view to establishing fundamental principles to be followed when construing
procedural rules and determining procedural questions.
Proposal 2
A rule placing a duty on the Court to manage cases as part of the overriding objective of the
procedural system and identifying activities comprised within the concept of case
management should be adopted.
Proposal 3
Rules listing the Court's case management powers, including a power to make case
management orders of its own initiative should be adopted.
A rule should be introduced identifying underlying (rather than overriding) objectives of the
system of civil justice to assist in the interpretation and application of rules of court, practice
directions and procedural jurisprudence and to serve as a statement of the legitimate aims of
judicial case management.
The underlying objectives referred to in Recommendation 2 should be stated as (i) increasing
cost-effectiveness in the court's procedures; (ii) the expeditious disposal of cases; (iii)
promoting a sense of reasonable proportion and procedural economy in respect of how cases
are litigated; (iv) promoting greater equality between parties; (v) facilitating settlement; and
(vi) distributing the court's resources fairly, always recognizing that the primary aim of
judicial case management should be to secure the just resolution of the parties' dispute in
accordance with their substantive rights.
Rules should be introduced (along the lines of CPR 1.4) listing available case management
measures and conferring (along the lines of CPR 3.1) specific case management powers on
the court, including power to act of its own motion, exercisable generally and (unless
excluded) in addition to powers provided by specific rules, in the light of the underlying
objectives referred to in Recommendation 2.
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