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KembaraXtra – Legal Terms – Overriding Objective
The overriding objective is the fundamental duty of courts to deal with cases justly and fairly.
In criminal proceedings, this includes acquitting the innocent, convicting the guilty, and protecting the rights of defendants, including rights under the European Convention on Human Rights.
In civil proceedings, the overriding objective also requires cases to be handled proportionately and at reasonable cost.
Factors include fairness, efficiency, saving expense, proper allocation of court resources, and enforcing compliance with procedural rules.
Parties and legal representatives are expected to conduct litigation consistently with the overriding objective.
The overriding objective is the fundamental duty of courts to deal with cases justly and fairly.
In criminal proceedings, this includes acquitting the innocent, convicting the guilty, and protecting the rights of defendants, including rights under the European Convention on Human Rights.
In civil proceedings, the overriding objective also requires cases to be handled proportionately and at reasonable cost.
Factors include fairness, efficiency, saving expense, proper allocation of court resources, and enforcing compliance with procedural rules.
Parties and legal representatives are expected to conduct litigation consistently with the overriding objective.
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