Case Management – The Pitfalls Of Non-Compliance

Case management - The pitfalls of non-compliance

The Jackson reforms have implemented a number of fundamental changes to the UK civil litigation system. Consequently, the way in which claims are processed through the civil litigation system has been overhauled. These reforms have brought about, and will continue to bring, a number of amendments including significant changes in culture.

What's changed?

The changes require the courts to pay even closer attention to procedural failures and deal with such failures appropriately. The reforms require a more robust approach to the enforcement of compliance and a more restrictive approach to relief from sanctions. Following 1st April 2013 the courts have been more ready to make tough case management decisions and less willing to grant relief from sanctions in the event of a breach. In the months since the implementation of the Jackson reforms, the desired effect of the case management modifications appear to be coming to fruition.

Lord Justice Jackson's intention was to implement a change in the courts' culture. The Jackson Report concluded there was a requirement for a more robust and pro-active approach to case management. One of his recommendations was that "the courts should be less tolerant than hitherto of unjustified delays and breaches of orders". His intention is clear: if the courts are less accepting of breaches by parties of court rules and orders, this will ultimately reduce costs and delays.

The overriding objective has been amended and now provides that the "Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost." The intention is for the addition "at proportionate cost" to strengthen the overriding objective. The issue of proportionality is now on the same footing as dealing with cases justly and is something parties should have in mind from the outset. The new rules bring about a welcome change for parties who run their cases efficiently. For parties who are less efficient and less organised, the amendments to the rules should prompt enhanced compliance.

CPR r3.9(1) now provides that:

On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need:

(a) for litigation to be conducted efficiently and at...