The Overriding Objective

During the course of proceedings, parties should not lose an opportunity to assist the Court. This includes holding an opponent accountable when the overriding objective is not advancing. The Civil Procedure Rules guide the Courts to deal with cases justly and at proportionate costs. We refer to this as the ‘overriding objective’.

The Courts will try to promote the overriding objective by:

• Saving expense – The Court and the parties must work towards “saving expense” by preventing unnecessary expenditure and making litigation more affordable.

• Deal with the case in a proportionate way - The dispute may involve an amount not much larger than the costs incurred in litigation.

• Consider fairness and proportionality – The Court assesses the complexity of the issues, the importance of the case, and the financial position of each party.

• Ensure efficient and fair case management – The Court controls and monitors the timetable, from the issue of the claim to the allocation of a track and the hearing.

• Enforcing compliance - The Court ensures adherence to Civil Procedure Rules, practice directions, and orders.

However, parties in a dispute should assist the Court by identifying issues early and cooperating with one another. They should also aim to settle disputes without resorting to litigation such as considering alternative dispute resolution (“ADR”).

During the course of proceedings, parties should not lose an opportunity to assist the Court. This includes holding an opponent accountable when the overriding objective is not advancing.

If you have a query or would like to book an appointment with our Dispute Resolution team, please get in touch. You can reach us at 01256 320555 or email mail@clarkeandson.co.uk.