The overriding objectives is what is of most importance when reading and interpreting the law.
The overriding objectives evolved into what is now known as the Oxygen Principle.
The two Os in “overriding objectives” where combined to O2 which is the symbol for Oxygen in chemistry.
The new civil procedure rules of 2010 were amended to include sections 1A and 1B in the Appellant Jurisdiction Act.
The Main Objective of the Civil Procedure Rules (Section 1A)
The overriding objectives of the civil procedure act and the civil procedure rules is to facilitate the just, expeditious, proportionate and affordable resolution of civil disputes.
Importance of Overriding Principles in Civil Cases
- The oxygen principle ensures the that the important issues are focused on during a civil case.
- Focusing on the important issues and not mere technicalities fosters justice.
- The overriding principles mitigate the harshness of civil procedure rules. Equity.
- These principles foster equality between parties which ensures the weaker party is not oppressed.
- They ensure courts deal justly and fairly in their proceeding.
- Ensures cases are dealt with expeditiously.
Effects of Overriding Principles in Civil Cases
- Justice is served without undue regard to technicalities.
- Time is saved by identifying the mistakes in the claims before the hearing.
- Money is saved through awarding costs using discretion. For example, if A filled a case in the wrong court but paid a few required for the process, the court may order that they do not have to pay the fee a second time because of the technical mistake.
- There will be order in the courts as these principles ensure the procedures are followed and hearings are conducted in the correct courts jurisdiction.