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Disputes in the Civil (County) Courts are decided in accordance with the Civil Procedure Rules. These Rules have the overriding objective of enabling the court to deal with cases justly. Dealing with a case justly includes:
-ensuring that the parties are on an equal footing;
-saving expense;
-dealing with the case in ways which are proportionate;
| to the amount of money involved; to the importance of the case; to the complexity of the issues; to the financial position of each party; |
-ensuring that it is dealt with expeditiously and fairly;
-allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
The court must further the overriding objective by actively managing cases. This will include:
- (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(GL)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.
Questions and answers:
| Q. I have received a letter from a firm of solicitors who say that they are instructed by a company who I used to rent a mobile phone from. They say that unless I pay £98 which they say I owe they will issue court proceedings. I dispute this debt as I have paid this amount and sent details of my payment to the mobile phone company who have ignored me. What shall I do? | |
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| Q. A friend who I loaned money to has not repaid me and will now not return my phone calls. What should I do? There was no written agreement. | |
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