PART 2GENERAL PROVISION

CHAPTER 1PROCEEDINGS WHERE THE FPR ARE NOT APPLIED

The court’s general powers of management9

1

In this rule—

  • “disclosure” means stating that a document exists or has existed;

  • “hearing” includes a directions appointment;

  • “inspection” of a document occurs when a party is permitted to inspect a document disclosed by another person.

2

For the purposes of the references to disclosure and inspection in this rule—

  • “document” means anything in which information of any description is recorded; and

  • “copy” in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

3

The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

4

Except where any provision to which this rule applies provides otherwise, the court may—

a

extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

b

make such order for disclosure and inspection, including specific disclosure of documents, as it thinks fit;

c

adjourn or bring forward a hearing;

d

require a party or a party’s legal representative to attend the court;

e

hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

f

direct that part of any proceedings be dealt with as separate proceedings;

g

consolidate proceedings;

h

hear two or more applications on the same occasion;

i

direct a separate hearing of any issue;

j

decide the order in which issues are to be heard;

k

exclude an issue from consideration;

l

dismiss or give a decision on an application after a decision on a preliminary issue;

m

direct any party to file and serve an estimate of costs; and

n

take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

5

When the court makes an order, it may—

a

make it subject to conditions, including a condition to pay a sum of money into court; and

b

specify the consequences of failure to comply with the order or a condition.

6

Where the court gives directions, it will take into account whether or not a party has complied with any relevant pre-action protocol (being a statement of best practice about pre-action conduct which has been approved by the Lord Chief Justice and which is annexed to a practice direction).

7

A power of the court under the provisions to which this Part applies to make an order includes a power to vary or revoke the order.

8

Any provision to which this Part applies—

a

requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

b

requiring or permitting a date to be set is to be taken as including provision for that date to be changed or cancelled.