CJR Interim Report, Section J. The Main Concepts Underlying the Woolf Reforms, J2. Case management and the CPR

J2.2. Case management: part of the overriding objective of the CPR

240.

The need for effective case management has been embraced as one of the central features of the Woolf reforms. Rule 1.4, defines the elements of case management and makes "active case management" the court's duty, forming part of the overriding objective of the CPR :-

"1.4	(1)	The court must further the overriding objective by actively managing cases.

	(2)	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."

241.	In Part 3, the CPR also spell out the case management powers, general and specific, which a court may exercise, making it clear that these are in addition to ^{(Note 185)} other powers enjoyed by the court. The powers listed in rule 3.1(2) are as follows :-

	"3.1	(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 or judgment 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."

242.	A particular facet of the court's case management powers under the CPR is rule 3.3 which authorizes the court to exercise those powers of its own initiative. If it chooses to do so, it may give any person likely to be affected by the order an opportunity to make representations ^{(Note 186)} although it does not have to do so. ^{(Note 187)} However, a party affected who has not been heard is given the right to apply to set aside the order (which will contain a statement informing such a party of this right). ^{(Note 188)}

243.	Where the CPR go further than the earlier case-law initiatives is that case management powers in the CPR are intended to operate as part of a series of mutually-supporting reforms advancing on a broad front. Additionally, by making express and detailed provision for the existence and scope of such powers and by requiring their deployment in pursuit of the overriding objective, procedural intervention by the judges is placed on a proper statutory basis.

244.	It is of interest to note that the New South Wales Supreme Court has adopted similar express case management powers in the following terms ^{(Note 189)} :-

		"Directions and orders

		26.1.	The Court may, at any time and from time to time, give such directions and make such orders for the conduct of any proceedings as appears convenient (whether or not inconsistent with the rules) for the just, quick and cheap disposal of the proceedings.

		26.2	......

		Case management by the Court

		26.3.	Without limiting the generality of rule 1, orders and directions may relate to:

			(a)	the filing of pleadings;

			(b)	the defining of issues, including requiring counsel or the parties to exchange memoranda in order to clarify issues;

			(c)	the provision of any essential particulars;

			(d)	the making of admissions;

			(e)	the filing of lists of documents, either generally or with respect to specific matters;

			(f)	the delivery or exchange of experts' reports and the holding of conferences of experts;

			(g)	the provision of copies of documents, including the provision in electronic form;

			(h)	the administration and answering of interrogatories, either generally or with respect to specific matters;

			(i)	the service and filing of affidavits or statements of evidence or documents to be relied on by a specified date or dates;

			(j)	the giving of evidence at the hearing, including whether evidence of witnesses in chief shall be given orally, or by affidavit or statement, or both;

			(k)	the use of telephone or video conference facilities, video tapes, film projection, computer and other equipment and technology;

			(l)	the provision of affidavit evidence by specified persons in support of an application for an adjournment;


			a timetable with respect to any matters to be dealt with."

Notes

185	CPR 3.1(1). <back>

186	CPR 3.3(2)(a). <back>

187	CPR 3.3(4). <back>

188	CPR 3.3(5). <back>

189	Supreme Court Rules (Amendment No 337) 2000, Part 26.3. <back>