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By CPR 1.2, the English court must try to give effect to the overriding objective when
interpreting any of the Rules or exercising any power conferred by them. CPR 1.3
requires the parties to help the court to further the overriding objective. And CPR 1.4
places a duty on the court to further the overriding objective "by actively managing
cases". It then provides a list of what "active case management" includes, as
follows :-
"Active case management includes—
(a)
encouraging the parties to co-operate with each other in the conduct of the
proceedings;
(b)
identifying the issues at an early stage;
(c)
deciding promptly which issues need full investigation and trial and
accordingly disposing summarily of the others;
(d)
deciding the order in which issues are to be resolved;
(e)
encouraging the parties to use an alternative dispute resolution procedure if
the court considers that appropriate and facilitating the use of such procedure;
(f)
helping the parties to settle the whole or part of the case;
(g)
fixing timetables or otherwise controlling the progress of the case;
(h)
considering whether the likely benefits of taking a particular step justify the
cost of taking it;
(i)
dealing with as many aspects of the case as it can on the same occasion;
(j)
dealing with the case without the parties needing to attend at court;
(k)
making use of technology; and
(l)
giving directions to ensure that the trial of a case proceeds quickly and
efficiently."
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