Chapter

What is the Meaning of CPR r 1.1(1)?

Déirdre Dwyer

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0004
What is the Meaning of CPR r 1.1(1)?

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This chapter explores the meaning of r 1.1(1) of the Civil Procedure Rules (CPR). This rule states simply that, ‘These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly’. Rule 1.1(2) then seeks to define what is meant by ‘justly’, and the remainder of Part 1 considers the application by the court of the overriding objective, the duty of the parties, and the court's duty to manage cases. The chapter focuses on the meaning of two key concepts within the one sentence of r 1.1(1): ‘a new procedural code’, and ‘overriding objective’.

Keywords: Civil Procedure Rules; CPR; Rule 1.1.(2); procedural code; overriding objective

Chapter.  4390 words. 

Subjects: Constitutional and Administrative Law

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