Civil Procedure Rules and the Dilapidations Protocol

Of critical importance is the overriding objective at Part 1 which says that the CPR have the overriding objective ‘of enabling the court to deal with cases justly’.

Dealing with cases justly includes, so far as practicable:

• ensuring that the parties are on an equal footing;
• saving expense;
• dealing with the cases in ways which are proportionate:
  1. to the amount of money involved;
  2. to the importance of the case;
  3. to the complexity of the issues;
  4. to the financial position of each party;
• ensuring that it is dealt with expeditiously and fairly; and
• allotting to it an appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

The CPR makes it a requirement that the parties help the court to further that overriding objective.

The court is required to further the overriding objective by actively managing cases. This includes, among other things:

• encouraging the parties to cooperate with each other in the conduct of the proceedings;
• identifying the issues at an early stage,
• encouraging the parties to use an alternative dispute resolution procedure if the court considers it appropriate and facilitating the use of such procedure;
• helping the parties to settle the whole or part of the case;
• considering whether the likely benefits of taking a particular step justify the cost of taking it; and
• giving directions to ensure that the trial of the case proceeds quickly and efficiently.

To assist the court in achieving these objectives, Part 3 CPR describes the court’s case management powers. In effect, the court can do whatever it considers appropriate for the purpose of managing the case and furthering the overriding objective.