Case management - overviewCourt's case management powers

The court's aim is to ensure that cases are dealt with justly, having regard to any welfare issues involved - in other words, in accordance with the overriding objective. The court must further the overriding objective by actively managing cases.

The Family Procedure Rules 2010 (FPR 2010) set out what active case management may include such as requiring a party's lawyer to attend court; holding a hearing or receiving evidence by telephone or other means of direct oral communication; dismissing or giving a decision on an application after a decision on a preliminary issue.

There is also a list of the court's general powers of case management. Included in those powers are:

Sanctions will apply automatically where a party fails to comply with a rule, practice direction or court order unless that party applies for relief.

There is a non-exhaustive list of criteria to be taken into account by the court when considering all the circumstances in an application for relief from any sanction imposed by the court.

The court can, without a request from either party, exercise its case management powers of its own initiative. It may give the parties the opportunity to make representations in which case the FPR 2010 set out the requirements that must be complied with.

Striking out a statement of case

Under the court's case management powers it may strike out a statement of case. Strike out means that the court has ordered written material to be deleted so that it may no longer be relied upon.

A statement of case for these purposes is defined as the whole or part of, an application form or answer.

In order to strike out a statement of case a court would need to find that the statement of case:

The sort of cases that may fall within the criteria for the court to strike out a statement of case include where:

An answer may be struck out if it:

An order striking out a statement of case may be made as a result of an application by one of the parties or of the court's own initiative. Where the order is made of the court's own initiative it must state that the party affected may apply to have the order set aside.

Where the High Court or a county court strikes out all or part of the applicants statement of case and considers that the application is totally without merit the court must record that it considered the application to be without merit in the order and consider making a civil restraint order.

Civil restraint orders

The court can make a civil restraint order (CRO) against a party that has made applications that are totally without merit.

General CROs may be made where a party persists in making applications that are totally without merit, restraining any further applications for a specified time period, not more than two years, although the court may extend the time if it is deemed appropriate.

Limited civil restraint orders

The court can make a civil restraint order (CRO) against a party that has made applications that are totally without merit.

Limited CROs may be made where two or more applications have been made totally without merit. These orders are limited to the particular proceedings in which the order has been made.

Extended civil restraint orders

The court can make a civil restraint order (CRO) against a party that has made applications that are totally without merit.

Extended CROs may be ordered where a party has persistently made applications that are totally without merit and can apply to several courts as determined by the court in which the order was made.