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Case Management

By CandyGurl2 Apr 08, 2013 593 Words
Case management
Objective:
The court has a duty to actively manage cases pursuant to rule 25(rule of civil procedure 2000)…..

what is the overriding objective of managing cases?
* (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly. * (2) Dealing with a case justly includes, so far as is practicable – * (a) ensuring that the parties are on an equal footing;

* (b) saving expense;
* (c) dealing with the case in ways which are proportionate – * (i) to the amount of money involved;
* (ii) to the importance of the case;
* (iii) to the complexity of the issues; and
* (iv) to the financial position of each party;
* (d) ensuring that it is dealt with expeditiously and fairly; and * (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Application by the court of the overriding objective
1.2
The court must seek to give effect to the overriding objective when it – (a) exercises any power given to it by the Rules; or
(b) interprets any rule subject to rules 76.2, 79.2 and 80.2. Duty of the parties
1.3
The parties are required to help the court to further the overriding objective. Court’s duty to manage cases
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(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.

1. To actively encouraging and assisting parties to settle the whole or part of their case on terms favourable to each party. Advantages of settling the case:
Less time and resources wasted in the court
Save on legal cost
Fairness and flexibility
Reduce stress

2. Considering whether the likely benefits of taking a particular step will justify the cost of taking it 3. Dealing with as many aspects as the case is practicable on the same occasion. 4. Dealing with as many aspects as the case is appropriate to do without the parties attending court.(ADR: mediation, arbitration, conciliation, litigation). 5. Dealing promptly which issue need full investigation n trial of the case at hand 6. Deciding the order in which issues are to be resolved. 7. Encouraging the parties to corporate with each other in the conduct of the proceedings. 8. Ensuring that both party gains an unfair advantage by reason of the parties failure to give full disclosure of all relevant facts prior to the trial for hearing of an application. 9. Fixing timetables or otherwise controlling the progress of the case.

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