HC Case Management
If the plaintiff does not set down the case after close of pleadings, the defendant may do so.
In setting down the case, the completeness of discovery should be verified. If specific discovery is required, it should be sought prior to setting down.
Within three to four months of setting down, the case will appear in the provisional list. The provisional list is referred to call over before a registrar. Good reasons will be needed for an adjournment. Preferred dates may be indicated.
If cases are in the call over list, and persistently adjourned the matter may be referred to a senior judge. This may happen if there are a number of adjournments. If this occurs, the solicitors will be expected to attend and explain the reasons for the delays. The judge may compel the case to be moved towards trial. Trial bundles must be prepared.
Following the Campbell Report in 1990, the High Court rules were amended to provide for an overriding objective similar to that in the England and Wales Civil Procedure Rules. The overriding objectives include
- that the court deal with the matter justly
- ensure the parties are on an equal footing,
- save expense,
- take a proportionate approach
- proceed expeditiously and
- make best use of court’s resources.
The manner in which the courts deal with cases should be proportionate to
- the money involved,
- the importance of the case,
- complexity of issues, and
- the financial position of the parties.
The pre-action protocol was introduced in 2008. It is designed to ensure that before legal action is taken a comprehensive statement of the claim and exchange of information is given. It also endeavours to increase the opportunities to settle.
Practice direction 01/2008 provide for automatic review of progress nine months after the appearances. The review is conducted by a Master.
Each party should provide the Master with completed questionnaires. The representatives with conduct of the case should attend and be in a position to deal with all issues.
After submissions from the parties at the first review, the Master will set a date for the second review. The Master will generally outline a series of directions on progress to be made by the second review.
Orders may be made in relation to the discovery and other pre-trial matters. If the orders are not complied with, the master may make an ‘Unless Order’.
In a second review and in more complex cases, a third review the Master will either direct the plaintiff to set down the case for a trial or will adjourn it for setting done within three months.
There are different protocols and requirements in relation to review for different types of cases.
The parties may during or after the review process agree to set down the matter after completing a certificate of readiness and notify the lists office.
In 2010, certificate of readiness procedure was introduced. This applies in High Court personal injury claims. A case will not be fixed for trial until a certificate of readiness is filed.
The plaintiff’s solicitor is responsible for the certificate of readiness. He completes the documentation and sends it to the other party and their solicitor. The other party completes the documents relevant to this case and returns to the plaintiff’s solicitor.
Once all parties have had their input, the final version of the certificate of readiness is circulated, lodged in court, with a notice of setting down with a request for trial on an agreed date.
Failure or default to doing with a certificate of readiness may involve the matter being referred to a senior judge. Costs may be imposed against the offending parties.