1. General Matters
The overriding objective, the court's case-management duty, the general principles of ADR and the timing of ADR.
How to study for BSB Civil Litigation
Prepare separately for closed-book recall and open-book application while keeping every step anchored to the exact syllabus version for your sitting.
Core concepts
Concept 1
The overriding objective directs the court to deal with cases justly and at proportionate cost, while parties must help the court further that objective.
Exam cue: Connect every proposed procedural step to justice, proportionality and efficient use of court resources.
Concept 2
Active case management includes identifying issues, controlling progress and cost, encouraging cooperation and helping parties settle, including through ADR.
Exam cue: Separate a party's freedom to choose whether to settle from the court's power to manage participation in an ADR process.
Concept 3
ADR advice requires a reasoned choice of process, appropriate timing, settlement authority and attention to the court's power to order ADR or impose consequences for unreasonable non-engagement.
Exam cue: Assess ADR suitability and timing using the dispute, information available, urgency, cost, relationship and enforceability needs.
Risk pitfalls and guardrails
Treating the overriding objective as a free-standing excuse to disregard an express rule or order.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Assuming the court can encourage but never order parties to participate in a non-court dispute-resolution process.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Waiting until trial is imminent before considering whether an earlier ADR step could have narrowed or resolved the dispute.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Memory anchors
Overriding objective
Deal with cases justly and at proportionate cost under CPR 1.1.
Party duty
The parties must help the court further the overriding objective.
Active case management
The court identifies issues, controls steps and cost, encourages cooperation and promotes settlement.
ADR selection
Match process, timing, cost, urgency, relationship and need for a binding outcome.
ADR consequences
Unreasonable refusal or silence can affect case management and costs; the court may also order ADR where lawful and proportionate.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A claimant proposes extensive disclosure on a modest debt claim because every document might be useful. Which case-management response best reflects the overriding objective?
One party repeatedly misses directions, delaying a trial needed urgently by both sides. Which feature of the overriding objective is most directly engaged?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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