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A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (24th edn)

Stuart Sime
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date: 03 October 2022

4p. 32 Overriding Objective and Human Rightslocked

4p. 32 Overriding Objective and Human Rightslocked

  • Stuart SimeStuart SimeAssociate Dean and Head of Department, The City Law School, City, University of London

Abstract

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

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