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You are here: BAILII >> Databases >> The Law Commission >> SHAREHOLDERS REMEDIES [1997] EWLC 246(APPENDIX I) (24 October 1997) URL: http://www.bailii.org/ew/other/EWLC/1997/246(APPENDIX_I).html Cite as: [1997] EWLC 246(APPENDIX I)

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Relevant extracts from the Draft Civil Proceedings Rules

The overriding objective

1.1 (1) The overriding objective of these Rules is to enable the court to deal with cases justly.

(2) The court must apply the Rules so as to further the overriding objective.

(3) Dealing with a case justly includes-

(a) ensuring, so far as is practicable, 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 parties financial position;

(d) ensuring that it is dealt with expeditiously; and

(e) allotting to it an appropriate share of the courts resources, while taking into account the need to allot resources to other cases.

Duty of the parties

1.2 The parties must help the court to further the overriding objective.

Courts duty to manage cases

1.3 The court must further the overriding objective by actively managing cases, and in particular-

(a) by identifying the issues at an early stage;

(b) by deciding, as soon as is practicable after they have been identified, which issues need full investigation and trial and accordingly disposing summarily of the others;

(c) by encouraging the parties to use alternative dispute resolution procedure if the court considers that appropriate and by facilitating their use of such procedure;

(d) by helping the parties to settle the whole or part of the case;

(e) by deciding the order in which issues are to be resolved;

(f) by fixing timetables or otherwise controlling the progress of the case;

(g) by considering whether the likely benefits of taking a particular step will justify the cost of taking it;

(h) by dealing with as many aspects of the case as is practicable on the same occasion;

(i) by dealing with the case, where it appears appropriate to do so, without the parties needing to attend at court; and

(j) by the appropriate use of technology.

...

Scope of this Part

14.1 This Part sets out a procedure by which the court may decide a case or part of a case without a trial.

Grounds for summary judgment

14.2 The court may give summary judgment on the whole of a claim or on a particular issue if-

(a) it considers that-

(i) the claimant has no realistic prospect of success on the claim or issue; or

(ii) the defendant has no realistic prospect of success on his defence to the claim or issue; and

(b) there is no other reason why the case or issue should be disposed of at a trial.

Types of proceedings in which summary judgment is available

14.3 The court may give summary judgment in any type of proceedings except-

(a) proceedings which have been allocated to the small claims track;

(b) proceedings for possession of residential premises against a tenant or a person holding over after the end of his tenancy; and

(c) proceedings for-

(i) malicious prosecution;

(ii) false imprisonment; or

(iii)libel or slander.

Procedure

14.4 (1) The court may give summary judgment on or without an application.

(2) Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed without an application) must be given at least 7 days notice of-

(a) the date fixed for the hearing; and

(b) the issues which the court is proposed to decide at the hearing.

(3) Where a defendant applies for summary judgment before filing a defence, the application must be supported by evidence.

(4) If a party wishes to rely on evidence which was not set out in or attached to a statement of case, he must-

(a) file the evidence; and

(b) serve copies on any other party,

at least 3 days before the summary judgment hearing.

(Part 10 contains the general rules about how to make an application.)

...

Duty of court to control evidence

28.1 It is the duty of the court to control the evidence by deciding-

(a) the issues on which it requires evidence;

(b) the nature of the evidence which it requires; and

(c) the way in which any matter is to be proved.

Evidence at trial - general rule

28.2 (1) The general rule is that any fact which needs to be proved at a trial by the evidence of witnesses is to be proved by their oral evidence given in public.

(2) This is subject-

(a) to any provision to the contrary contained in these Rules or elsewhere; and

(b) to any order of the court.

Evidence by video link or other means

28.3 Where a witness would give his evidence orally, the court may allow the witness to give evidence without attending through a video link or by other means.

Witness statements

28.4 Subject to any order of the court, a witness statement is admissible as evidence of any fact which needs to be proved.