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Having identified the aims and types of activity that constitute the active case
management envisaged, CPR 3.1 confers relevant powers on the court to pursue those
aims:-
"(1)
The list of powers in this rule is in addition to any powers given to the court by any
other rule or practice direction or by any other enactment or any powers it may
otherwise have.
(2)
Except where these Rules provide otherwise, the court may—
(a)
extend or shorten the time for compliance with any rule, practice direction or
court order (even if an application for extension is made after the time for
compliance has expired);
(b)
adjourn or bring forward a hearing;
(c)
require a party or a party's legal representative to attend the court;
(d)
hold a hearing and receive evidence by telephone or by using any other
method of direct oral communication;
(e)
direct that part of any proceedings (such as a counterclaim) be dealt with as
separate proceedings;
(f)
stay the whole or part of any proceedings either generally or until a specified
date or event;
(g)
consolidate proceedings;
(h)
try two or more claims on the same occasion;
(i)
direct a separate trial of any issue;
(j)
decide the order in which issues are to be tried;
(k)
exclude an issue from consideration;
(l)
dismiss or give judgment on a claim after a decision on a preliminary issue;
(m)
take any other step or make any other order for the purpose of managing the
case and furthering the overriding objective.
(3)
When the court makes an order, it may—
(a)
make it subject to conditions, including a condition to pay a sum of money
into court; and
(b)
specify the consequence of failure to comply with the order or a condition.
(4)
Where the court gives directions it may take into account whether or not a party has
complied with any relevant pre-action protocol.
(5)
The court may order a party to pay a sum of money into court if that party has,
without good reason, failed to comply with a rule, practice direction or a relevant pre-
action protocol.
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