Abstract

To emphasise the importance of minimising cost and delay, courts and legislatures in common law countries devised the innovative approach of adopting the concept of an overarching objective or purpose for their civil justice systems that requires attention to the merits of the case and the costs and time taken to resolve it. This concept now exists in England & Wales’ Civil Procedure Rules, the United States Federal Rules of Civil Procedure and in almost all Australian jurisdictions. This chapter explains the operation of the concept in each of the aforementioned jurisdictions with a view to highlighting similarities and differences, as well as successes and problems, with this innovation.

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