CJR Final Report, Section 21: Case managing trials

Rules conferring express powers on the court to case manage trials, including powers to

exclude otherwise admissible evidence and to limit cross-examination and submissions by

counsel should be adopted, with the proviso that the exercise of such powers is subject to the

parties' entitlement to receive a fair trial and a reasonable opportunity to lead evidence,

cross-examine and make submissions.

Interim Report paras 519-528

The two main problems identified in the Interim Report in the context of managing

trials were prolixity and unpredictability (especially of the length of time needed for

the trial). These are problems which are obviously closely related to each other.

One proposed measure aimed at curbing prolixity involved giving to the court power

to exclude otherwise relevant and admissible evidence which contributes to such

prolixity. As with Proposal 35, there was general resistance to this idea. Consistently

with Recommendation 98 and for the reasons there discussed, the Working Party

recommends against adopting a rule permitting exclusion of such evidence in the trial

context. Respondents to the consultation favoured instead a more stringent approach

to what is relevant, an approach adopted by the Working Party in Recommendation 99

and equally applicable in the present context.

A second measure, aimed both at curbing prolixity and increasing the accuracy of trial

time estimates, was to emphasise and enhance the court's case management powers

appropriate to these purposes. There was general support for such case

management,

with many of the respondents to the consultation stressing that this

should primarily be done before the start of the trial rather than involving a trial judge

cutting short submissions or evidence during the trial.

Notes

Including from the Bar Association, the BSCPI, the Law Society, one set of barristers' chambers and

two firms of solicitors.