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Encyclopedia > Civil Procedure Rules 1998

The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. They establish the rules and processes applicable to pursuing civil actions in that jurisdiction. Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of England and Wales in England and Wales: see Courts of England and Wales. ... The County Court is the workhorse of the civil justice system in England and Wales. ...


Implemented as a result of reforms suggested by Lord Woolf and his committee, one of the revelations of the rules is the 'Overriding Objective' embodied in Part 1 of the Rules, which states: Henry Kenneth Woolf, Baron Woolf, PC (born May 2, 1933), is the current Lord Chief Justice of England and Wales, making him the second most senior judge in England and Wales after the Lord Chancellor. ...

1.1
(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
1.2
The court must seek to give effect to the overriding objective when it –
(a) exercises any power given to it by the Rules; or
(b) interprets any rule.

The rules are written not just for lawyers but are intended to be intelligible for a litigant in person.


External Links

Civil Procedure Rules 1998


  Results from FactBites:
 
Changes to TTAB Rules - OG Date: 29 September 1998 (14880 words)
That comment also suggested that the rule be modified to allow a third party who has a pending application, or who is a party in a proceeding which has been suspended pending the outcome of the pending case, to apprise the Board of the impact of the suspension on the third party.
With respect to the suggestion for including in the rules a specific provision concerning applicability of the amended rules in cases initiated prior to the final rule and then suspended, it is believed that the information concerning the effective date of the rule amendments, as set forth at the beginning of this notice, is sufficient.
The provisions of the Federal Rules of Civil Procedure relating to automatic disclosure, scheduling conferences, conferences to discuss settlement and to develop a discovery plan, and transmission to the court of a written report outlining the discovery plan, are not applicable to Board proceedings.
Civil procedure - Wikipedia, the free encyclopedia (329 words)
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action").
California is the odd exception in that its homegrown civil procedure system is enshrined in statutory law (the Code of Civil Procedure), not in rules promulgated by the state supreme court or the state bar association.
The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999.
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