Practice Directions

PRACTICE DIRECTION – 5.7

LONG CASES

This Practice Direction will apply to all actions begun by writ except:

(a)　　actions in special lists; a

(b)　　personal injuries action

The aim of this Practice Direction is to set in place a system for the prompt and efficient preparation for and the hearing of trials of cases where the hearing is likely to be lengthy. The directions are for the guidance of the court and the parties. Because the cases to which this Practice Direction will apply will be varied and the cases themselves will be exceptional, in particular as to their length and often as to the issues involved, the court may make special orders and instigate exceptional procedure as the nature of a particular case requires.

1. Assignment of case to trial judge

(a) In every High Court action, as soon as practicable and in any event not later than four weeks after the close of pleadings each party shall consult with each other as to whether the trial of the action is likely to last 15 days or longer.

(b) Where the parties to an action agree that the trial is likely to last 15 days or longer any party may apply to have the case assigned to a trial judge. Such application shall be made by letter signed by the solicitors of each party and addressed to the court.

(c) Where all the parties to an action are not in agreement that the trial is likely to last 15 days or longer, or one or more of the parties is unrepresented, any party may apply at any time after the close of pleadings to have the matter assigned to a trial judge. Such application shall be made by summons to the Listing Judge in chambers. The Judge may make an order assigning a case to a trial judge notwithstanding that the case is not likely to last 15 days if, by reason of the complexity of the case or otherwise, he considers it advantageous to the proper conduct of the proceedings that it should be so assigned.

(d) Further applications for assignment of a case to a trial judge may be made notwithstanding that an earlier application was unsuccessful.

(e) A master may at any stage direct that an action be referred to the Listing Judge with a view to his assigning the case to a trial judge.

2. Preliminary hearing for directions

(a) Upon assignment of an action to a trial judge, he shall fix a date, as far as practicable in consultation with the parties' availability, for a preliminary hearing for directions. The preliminary hearing shall be fixed for 15 minutes and is not intended to be a contentious hearing involving the determination of interlocutory matters but rather to facilitate planning the course of the action.

(b) Not less than seven days prior to the date fixed for the preliminary hearing the plaintiff should indicate in writing to all other parties what directions it will seek at the hearing. At least three days before the date fixed for the hearing, all other parties to the action should respond in writing as to the directions that will be agreed and as to any other directions that shall be sought.

(c) At least 36 hours before the hearing for directions the plaintiff shall deliver to the trial judge's clerk a bundle containing copies of all pleadings to date and all notices in writing required under paragraph (b) above.

(d) At the preliminary hearing for directions all matters necessary for the further conduct of the action will be considered. These may include:

(i) directions for further pleadings;

(ii) applications for security for costs;

(iii) discovery and interrogatories including in particular limiting discovery in terms of:

(a) issues

(b) date of documents

(iv) directions as to expert witnesses;

(v) directions as to experiments;

(vi) directions as to evidence to be obtained overseas;

(vii) the hearing of applications for summary judgment and striking out;

(viii) the preparation of a non-contentious list of issues to be used at the trial;

(ix) any other matter which may require consideration at the time; and

(x) directions that the action should proceed as a normal action.

(e) If interlocutory applications are to be made by any of the parties, summonses should be issued and served prior to the day designated for the preliminary hearing and made returnable on that day.

(f) If an application is likely to be disposed within the time allotted to the preliminary hearing, or if there is no opposition to the making of any directions or orders sought, the judge will usually consider the application at the preliminary hearing. In all other cases, unless otherwise indicated by the judge 10 days prior to the hearing, the judge will not determine specific summonses at the preliminary hearing but will give directions as to their hearing.

(g) At the preliminary hearing the judge shall indicate the approximate date of the next pre-trial hearing for directions.

Legal representatives of the parties attending the preliminary hearing are expected to be familiar with the action. The representatives should be prepared to tell the court briefly why directions or orders are sought or opposed.

3. Further pre-trial hearings

(a) The judge will order pre-trial hearings as required for the particular case.

(b) The same directions as in paragraph (b) to (g) of para.2 will apply thereto.

4. Interlocutory applications

All interlocutory applications in an action assigned to a judge will be listed before that judge unless to do so will cause undue delay or other difficulty. Where possible the judge shall be consulted prior to the matter being listed before another judge.

5. Pre-trial review

Unless for good reason it is impossible, counsel who will be instructed at the trial should be instructed to attend the final pre-trial review.

6. In all cases

On any application in an action or hearing for directions the judge shall have power to make orders for any matter necessary for the further conduct of the proceedings whether the same shall have been notified by any of the parties to any other or not.

(a) The parties may seek further directions from the trial judge at any time upon giving two clear days' notice to all other parties to the action specifying the directions to be sought.

(b) No case may be set down for hearing without leave of the trial judge. Such leave will not usually be given until after completion of discovery and all steps ordered to be taken.

(c) At least three weeks prior to the date of trial the parties shall file in court an agreed list of issues which will fall to be decided in the action and in default of agreement each party shall serve on the other party(ies) a list of the issues and file a copy of the same in court.

7. This Practice Direction shall be effective from 1 March 1998.