Court’s case management powers
The court has various case management powers. In order to deal with the cases effectively, expeditiously and fairly it is necessary to use those powers. It is the court’s responsibility to ‘further the overriding objective’. This includes analysing the issues at an early stage, controlling the progress of the case, managing the timetables etc. The court also has the power to decide whether the case will be resolved at a trial or it will be dismissed. It is within the court’s management powers to allocate the cases to various tracks. The process of allocation is explained below.
It is important for the court to allocate the cases to various tracks as the cases differ and it is sometimes more appropriate for a different court to deal with a certain issue. Managing cases like this may save time and expense. Allocation of the cases takes place after the defendant served a defence to a claim against him or her. The case may be allocated to one of the three tracks: small claims track, fast track or multi-track.
For more information on:
- Allocation of cases to various tracks
- Small claims track
- Fast track
- The multi-track