--(1) The court (including where appropriate the court of Appeal) may-
----(a) transfer the whole or any part of any proceedings from one court office to another;
----(b) transfer proceedings to the family division;
----(c) consolidate proceedings;
----(d) extend or shorten the time for compliance with any rule, practice direction or order or direction of the court;
----(e) adjourn or bring forward a hearing to a specific date;
----(f) stay the whole or part of any proceedings generally or until a specified date or event;
----(g) decide the order in which issues are to be tried;
----(h) direct a separate trial of any issue;
----(i) try two or more cases on the same occasion;
----(j) direct that part of any proceedings (such as a counterclaim or other ancillary claim) be dealt with as separate proceedings;
----(k) dismiss or give judgment on a claim after a decision on a preliminary issue;
----(l) exclude an issue from determination if it can do substantive justice between the parties on the other issues and determining it would therefore serve no worthwhile purpose;
----(m) require the maker of an affidavit or witness statement to attend for cross-examination;
----(n) require any party or a party's attorney-at-law to attend the court;
----(o) deal with a matter without the attendance of any parties;
----(p) hold a hearing by telephone or use any other method of direct oral communication;
----(q) instead of holding an oral hearing deal with a matter on written representations submitted by the parties;
----(r) direct that any evidence be given in written form;
----(s) where there is a substantial inequality in the financial position of each party, order any party having the greater financial resources who applies for an order, to pay the other party's costs of complying with the order in any event;
----(t) where two or more parties to the proceedings are represented by the same attorney-
--------(i) direct that they be separately represented; and
--------(ii) if necessary, adjourn any hearing to a fixed date to enable separate representation to be arranged;
----(u) give the control of any proceedings to any person it thinks fit and make any appropriate consequential order about costs;
----(v) direct that notice of any proceedings or application be given to any person; or
----(w) take any other step, give any other direction or make any other order for the purpose of managing the case and furthering the overriding objective.
--(2) When the court makes an order or gives a direction, it may make the order or direction subject to conditions.
--(3) The conditions which the court may impose include-
----(a) a condition requiring a party to give security;
----(b) a condition requiring a party to give an undertaking;
----(c) a condition requiring the payment of money into court or as the court may direct;
----(d) a condition requiring a party to pay all or part of the costs of the proceedings; and
----(e) a condition that a party shall permit entry to property owned or occupied by him to another party or someone acting on behalf of another party.
--(4) In considering whether to make an order, the court may take into account whether a party is prepared to give an undertaking.
--(5) The list of powers in this rule is in addition to any other powers given to the court by any other rule, practice direction or enactment.
--(Rule 2.12 provides for the suspension of timelines during dispute resolution procedures approved by the court.)
Notes
Amended by Legal Notice 301 of 2012.
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
It was held by the Court of Appeal in Real Time Systems Limited v. Renraw Investments Limited, CCAM and Company Limited and Austin Jack Warner also known as Austin Warner trading as Dr. Joao Havelange Centre of Excellence Civ. App. 238 of 2011 that rule 26.1(1)(w) includes the power to order delivery of further and better particulars on either a statement of case or a defence.