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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.
Interim Report paras 225-233
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.
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