The existing rules on costs consequences for split trials are at odds with the push for proactive case management, as Nichola Evans explains
The major changes made to the Civil Procedure Rules (CPR) from 1 April 2013 mean a greater significance has been placed on the courts actively case managing cases: from the directions which are given; to how they to be enforced; through to cost management. The provision in the CPR which provides for active case management states:
“CPR 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
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