The court's general case management powers
The court has several powers to manage cases and costs - CPR 3.1(2)
Examples are:
Extend/shorten the time for compliance with any rule, practice direction,
or court order
Adjourn hearings or bring them forward
Require a party or their legal representative to attend court
Stay the whole or part of the proceedings or judgment either generally or
until a specified event
Order any party to file and serve a costs budget.
There is a general provision allowing the court to take any other step or make
any order to manage the case and further the overriding objective – CPR 3.1(2)
The court’s power to make orders of its initiative - CPR 3.3.
This means that without either party taking a step, the court could provide new
directions or terminate a case.
If the court makes an order of its initiative without a hearing or without allowing
the parties to make representations, the court will include a statement in the
order that the parties have a right to apply to set aside, stay, or vary the order
within a given period.
If the court does not specify a period, any application should be made within 7
days of the date on which the order was served on the party making the
application.
The court’s power to strike out
Definition –
Strike out is the deletion of written material from a statement of the case so that
it cannot be relied on in the proceedings by any party. It can include the deletion
of the entire statement of the case so that the case is effectively over. Strike out
is designed to target cases that are inadequately drafted or are otherwise an
abuse of the court process.
The court may exercise its power to strike out the whole or part of a
statement of the case (CPR 3.4) of its initiative or on the application of a
party.
Applications should be made as soon as possible and preferably before
allocation.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nafisah1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.16. You're not tied to anything after your purchase.