2007 Rule 74

74. Overriding objective

Rule 73 | Index | Rule 75

(1) The rules in this Part set out a procedural code with the overriding objective of enabling the comptroller to deal with cases justly.

(2) Dealing with a case justly includes, so far as is practicable-

  • (a) ensuring that the parties are on an equal footing;
  • (b) saving expense;
  • (c) dealing with the case in ways which are proportionate-
    • (i) to the amount of money involved,
    • (ii) to the importance of the case,
    • (iii) to the complexity of the issues, and
    • (iv) to the financial position of each party;
  • (d) ensuring that it is dealt with expeditiously and fairly; and
  • (e) allotting to it an appropriate share of the resources available to the comptroller, while taking into account the need to allot resources to other cases.

(3) The comptroller shall seek to give effect to the overriding objective when he-

  • (a) exercises any power given to him by this Part; or
  • (b) interprets any rule in this Part.

(4) The parties are required to help the comptroller to further the overriding objective.

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