Practice Directions

PRACTICE DIRECTION – 5.8

ORIGINATING SUMMONSES SET DOWN FOR HEARING BY JUDGES

1. form of summons

Order 7 rule 2 of the Rules of the High Court which specifies the form of summons to be used must be complied with. Form 8 (the general form) will usually be appropriate. Form 10 (the expedited form) and Form 11 (the ex-parte form) are to be used only when they are authorised or required by the Rules or any statutory provision. Non-compliance may delay the proceedings or result in the summons being dismissed. It may also have costs consequences.

2. hearing

(a) The hearing of an originating summons on the date fixed under O.28 r.2 shall be a first hearing before a judge sitting in chambers at which directions as to the further conduct of the proceedings will be given, but nothing herein shall affect the court's power to dispose of an originating summons at such hearing under O.28 r.4 should the nature of the case so require.

(b) In future, the first hearing of all originating summonses will be listed for hearing on Tuesday mornings (or any other morning as circumstances may require) at 9:30 a.m. before the judge assigned to hear such summonses.

(c) The first or any subsequent hearing at which directions are to be given may be vacated, inter alia, if on a written application by the parties by consent for leave to fix a date for the substantive hearing made at least two working days prior hereto, the judge is satisfied that no further directions are required and the estimated length of the hearing is stated in the application.

3. This Practice Direction does not apply to summonses set down for hearing by the Registrar or a master.

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