Civil Procedure Rules 1998

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The Civil Procedure Rules 1998 came into force in England and Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. They establish the rules and processes applicable to pursuing civil actions in that jurisdiction in the civil division of the Court of Appeal, the High Court and county courts. The rules were created by the Civil Procedure Act 1997, an Act of Parliament citation 1997 c. 12.

The Civil Procedure Act also established a body called the Civil Justice Council composed of members of the judiciary, members of the legal professions and civil servants with the responsibility reviewing the civil justice system.

Implemented as a result of reforms suggested by Lord Woolf and his committee, one of the revelations of the rules is the 'Overriding Objective' embodied in Part 1 of the Rules, which states:

1.1

(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;

(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.

1.2