Business, Legal & Accounting Glossary
The Civil Procedure Rules (CPR) were created under the authority of the Civil procedure act (1997), and give effect largely to the recommendations of the Woolf report. The purpose of the rules is to unify the procedures for civil claims in the High Court, the county courts and, in some cases, in the Civil Division of the Court of Appeal.
The philosophy behind the CPR is set out in Rule 1.1(1) which says that These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly. The ‘overriding objective’ is described in more detail in R1.1(2), which says that dealing with cases justly should include:
R1.2 says that courts must carry out their duties in such a way as to give effect to the ‘overriding objective’, and R1.3 says that the litigants must do likewise. R1.4 says that courts must ‘actively manage’ cases, which includes encouraging parties to co-operate and to seek Alternative dispute resolution, encouraging settlement, fixing timetables, and dealing with as many issues as possible at the same time.
The Rules in sections 2-73 deal with the substantive procedures that are intended to implement the overriding objective. Each section is accompanied by a Practice Direction (PD) (sometimes more than one) which seeks to clarify the application of the Rules in that section. There are also PDs of general applicability in the appendices, even a PD describing the procedure for issuing new PDs.
Some highlights of the Rules include the following.
Although not specifically mandated in the Rules, the use of common English terms is to be preferred over archaic legal terms. So the Rules use the term ‘claimant’ rather than plaintiff’, ‘between parties’ rather than ‘inter partes’, etc.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
Definitions for Civil Procedure Rules are sourced/syndicated and enhanced from:
This glossary post was last updated: 5th April, 2020 | 0 Views.