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CIVIL PROCEDURE ACT 2005 - SECT 56
Overriding purpose
56 Overriding purpose
(cf SCR Part 1, rule 3)
(1) The overriding purpose of this Act and of rules
of court, in their application to civil proceedings, is to facilitate the
just, quick and cheap resolution of the real issues in the proceedings.
(2)
The court must seek to give effect to the overriding purpose when it exercises
any power given to it by this Act or by rules of court and when it interprets
any provision of this Act or of any such rule.
(3) A party to
civil proceedings is under a duty to assist the court to further the
overriding purpose and, to that effect, to participate in the processes of the
court and to comply with directions and orders of the court.
(4) Each of the
following persons must not, by their conduct, cause a party to
civil proceedings to be put in breach of a duty identified in subsection (3)-
(a) any solicitor or barrister representing the party in the proceedings,
(b)
any person with a relevant interest in the proceedings commenced by the party.
(5) The court may take into account any failure to comply with subsection (3)
or (4) in exercising a discretion with respect to costs.
(6) For the purposes
of this section, a person has a
"relevant interest" in civil proceedings if the person- (a) provides financial
assistance or other assistance to any party to the proceedings, and
(b)
exercises any direct or indirect control, or any influence, over the conduct
of the proceedings or the conduct of a party in respect of the proceedings.
Note-: Examples of persons who may have a relevant interest are insurers and
persons who fund litigation.
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