The Courts’ New Strict Approach To Complying With Rules And Orders

Summary and implications

Reforms to the Civil Procedure Rules (the Rules) brought into force on 1 April 2013, on the basis of Lord Justice Jackson's recommendations, include an amendment to the overriding objective. This now requires courts not just to deal with cases justly, but also expeditiously, at proportionate cost, enforcing compliance with the Rules, practice directions and orders, and allotting to each case an appropriate share of the court's resources.

Recent cases have demonstrated the courts' willingness to "get tough" on enforcing compliance with orders and the Rules. The changes mean that:

• parties will need to comply with pre-action protocols, Rules and orders more rigidly than before;