The new practice directions seek to achieve earlier resolution of cases as well as ensuring cases receive focused attention and enhanced case management by experienced Judges.
Practice Direction HC131 – Application for Trial Dates
Once a case has been set down for trial, any party to clinical negligence proceedings may apply for a trial date following 28 days notice to all parties and provided certain conditions are met:
Fully Pleaded Case:
An Applicant must plead all aspects of their case as well as ensuring delivery of replies to particulars, further particulars of personal injuries or special damages and a fully quantified schedule of special damages with supporting vouching documentation before applying for a trial date. Discovery must also be complied with and particulars of any alleged additional injuries or special damages must be provided within 6 weeks of receipt of an expert report. This obligation applies to all parties prior to the application. If a party without consent or prior leave of the court delivers further particulars of alleged wrongdoing or defence etc., the opposing party may apply for an adjournment of the trial and any other orders that the court considers appropriate.
Schedule of Witnesses and Exchange of Reports:
The applicant must have exchanged or offered to exchange a complete schedule of all witnesses, both factual and expert, intended to be called at trial. This also applies to all expert reports intended to be relied upon at trial.
Mediation:
The practice direction aims to facilitate the earlier resolution of clinical negligence claims and actively encourages the parties to consider and engage in mediation. In that regard, the applicant must provide an undertaking to offer mediation to the opposing party within three weeks of the date on which the trial date is fixed and engage in mediation within six weeks of the offer being accepted.
Judicial Discretion and Sanctions for Non-Compliance:
A Judge may use their discretion to assign or refuse to assign a trial date. Where there is an urgent need to apply for an early trial date, the court may dispense with one or more of these conditions.
The court may refuse an application to assign a trial date if an applicant has failed to comply with the conditions. Where an application for a date for trial is contested, the Court will treat the application as a case management hearing.
Practice Directions HC132 – Establishment of a Clinical Negligence List
One of the most significant changes brought about by the new practice directions is the introduction of a new clinical negligence list. A Judge experienced in dealing with clinical negligence proceedings will be assigned as the “Judge in Charge” by the President of the High Court.
All clinical negligence cases before the High Court from 28 April 2025 will apply to the list regardless of when these proceedings came into being.
Any interlocutory application necessary for the management of proceedings and application for case management directions shall be heard in the clinical negligence list with prior leave from the Judge in charge of the list.
The practice directions are welcomed and it will hopefully lead to an increase to earlier resolution of cases and the avoidance of delivery of expert reports close to the hearing which can be a source of frustration. The practice directions will be kept under regular review and will be modified, where necessary by the President of the High Court.