Case Management

Abstract

This chapter details the provisions on case management under the European Rules of Civil Procedure. Rule 47 provides that ‘parties must present their claims, defences, factual allegations and offers of evidence as early and completely as possible and as appropriate to the careful conduct of litigation in order to secure procedural expedition’. In general, responsibility for the efficient and speedy resolution of disputes is shared between the court and parties. Rule 48 concerns the court control of proceedings. Meanwhile, Rule 49 sets out the court's general duty of active case management, which is part of the principle of co-operation. All European jurisdictions' procedural codes employ court orders or court directions as a means of communication between the court and parties in order to facilitate effective case management as provided in Rules 48 and 49. The process of rendering court orders under Rule 50 is intended to ensure that management under these Rules is carried out effectively and with sufficient respect for the parties' right to be heard.