Practice Directions

PRACTICE DIRECTION – 5.2

SETTING DOWN FOR TRIAL IN THE COURT OF
FIRST INSTANCE

A solicitor wishing to set a civil case down for trial in the Court of First Instance must provide particulars in the form set out below:

IN THE COURT OF FIRST INSTANCE

JURISDICTION

BETWEEN

Plaintiff(s)

Defendant(s)

APPLICATION TO SET A CASE DOWN FOR TRIAL

(1) The time estimated for trial in the Order of Directions dated the
　　　　　　　　day of　　　　　　19　　 is 　　　day

(2) This estimated length of hearing continues/does not continue to hold good for the following reasons.

(3) It is anticipated that　　　　　　　　　　witnesses will be called to give evidence for the plaintiff and　　　　　　　　　　witnesses will be called to give evidence on behalf of the defendant

(4) The following unusual features are likely to prolong the hearing of this case

..............................................................................................................................................................

(5) The solicitors for all parties or all parties have consulted together concerning the estimated length of trial. There is agreement/disagreement concerning the length of time estimated for trial.*　

(6) The time now estimated for the trial of this case is　　　　　　days.

(7) Take notice that pursuant to the order made by the Listing Master/Judge 　　　　　　　　　　　of the　　　　　　day of　　　　　　19 this action is now set down for trial with/without a jury.

Dated the　　　　　　day of　　　　　　

Solicitors for the plaintiff

_________________________________

*　Where there is disagreement particulars thereof should be give
+　Solicitors are reminded of the provisions of O.34, r.8(2):

It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial, and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdraw the record.