The Civil Procedure Rules 1998

The court’s general powers of management E+W

3.1—(1) 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.

(2) Except where these Rules provide 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) adjourn or bring forward a hearing;

[F1 (bb) require that any proceedings in the High Court be heard by a Divisional Court of the High Court;]

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

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

(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(f) stay^(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g) consolidate proceedings;

(h) try two or more claims on the same occasion;

(i) direct a separate trial of any issue;

(j) decide the order in which issues are to be tried;

(k) exclude an issue from consideration;

(l) dismiss or give judgment on a claim after a decision on a preliminary issue;

[F2 (ll) order any party to file and [F3 exchange a costs budget];]

(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective [F4 , including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case].

(3) 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 consequence of failure to comply with the order or a condition.

[F5 (3A) Where the court has made a direction in accordance with paragraph (2)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.]

(4) Where the court gives directions it [F6 will] take into account whether or not a party has complied with [F7 the Practice Direction (Pre-Action Conduct) and] any relevant pre-action protocol^(GL).

(5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

(6) When exercising its power under paragraph (5) the court must have regard to—

(a) the amount in dispute; and

(b) the costs which the parties have incurred or which they may incur.

[F8 (6A) Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings F9 ....

F10 ...]

(7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

[F11 (8) The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.]

Textual Amendments

F1 Rule 3.1(2)(bb) inserted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 3(a)

F2 Rule 3.1(2)(ll) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 3

F3 Words in rule 3.1(2)(ll) substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 4(a)

F4 Words in rule 3.1(2)(m) inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 4

F5 Rule 3.1(3A) inserted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 3(b)

F6 Word in rule 3.1(4) substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 3(a)

F7 Words in rule 3.1(4) inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 3(b)

F8 Rule 3.1(6A) and words inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 4

F9 Words in rule 3.1(6A) omitted (6.4.2007) by virtue of The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 3(a)

F10 Words in rule 3.1(6A) omitted (6.4.2007) by virtue of The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 3(b)

F11 Rule 3.1(8) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(d) (with rule 22)

Modifications etc. (not altering text)

C1 Rule 3.1(2)(a) applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.8(2)

C2 Rule 3.1(2)(a) applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 121(2)

C3 Rule 3.1(2)(a) applied (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 324(2) (with rule 5)

C4 Rule 3.1(2)(a) applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 199(2) (with rules 3, 210)

C5 Rule 3.1(2)(a) applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 5 para. 3 (with rule 3(3), Sch. 2 Sch. 5 para. 3)

C6 Rule 3.1(2)(a) applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 7.1(3) (with rules 1.2, 7.1(4))

C7 Rule 3.1(2)(a) applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 7.1(3)(4) (with rule 1.2)

C8 Rule 3.1(2)(a) applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 193(3) (with rules 4(1), 193(4))

C9 Rule 3.1(2)(a) applied (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 285(2)

C10 Rule 3.1(2)(a) applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 181(3)(4) (with rule 2)

Commencement Information

I1 Rule 3.1 in force at 26.4.1999, see Signature