| 释义 |
overriding objective
The paramount duty of the court to deal with cases justly. In criminal proceedings this includes acquitting the innocent and convicting the guilty, dealing with the prosecution and defence fairly, and recognizing the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights (Criminal Procedure Rules Part 1). Since the enactment of the Civil Procedure (Amendment) Rules 2013 (SI 2013/1262) the overriding objective in civil cases has expressly included dealing with cases at a proportionate cost. Factors include ensuring the parties are on an equal footing, saving expense, dealing with the case proportionately, ensuring it is dealt with expeditiously and fairly, allocating an appropriate share of the court’s resources while taking into account the need to allot resources to other cases, and enforcing compliance with rules, practical directions, and orders (Civil Procedure Rules Part 1). Parties must prepare and conduct cases in accordance with the overriding objective and may be subject to an adverse order for costs if they fail to do so. |