The President of the High Court has issued two new Practice Directions, both of which come into effect on 28 April 2025.
1. Establishment of Clinical Negligence List
HC132 establishes a Clinical Negligence List (List) within the Dublin Personal Injuries List of the High Court to manage clinical negligence proceedings. It seeks to ensure that cases receive focused attention and enhanced case management by the courts. The List will be presided over by an assigned Judge experienced in clinical negligence proceedings.
The List will apply to all clinical negligence proceedings before the High Court from 28 April 2025, regardless of whether the proceedings commenced before or after that date. It will apply to all stages of clinical negligence proceedings (but excludes motions and ex parte applications ordinarily listed in the Common Law Motion Lists). Importantly, interlocutory applications necessary for the management of proceedings and applications for case management directions require prior leave of the Judge in Charge of the List.
It is open to the Judge in Charge of the List, at their discretion, or on foot on an application by a party, to issue case management directions in the proceedings. Such directions may include timetables to exchange expert reports, directions for mediation, orders relating to witness statements or expert evidence, or any other directions necessary to ensure a fair and expeditious resolution of the proceedings.
The establishment of the List is significant, as it ensures clinical negligence proceedings receive specialised attention from experienced judges. Its introduction, in tandem with HC131, will provide a more structured approach to handling clinical negligence proceedings and potentially more efficient and earlier resolution of proceedings.
2. Practice Direction HC131: Clinical Negligence Actions – Applications for Trial Dates (HC131)
HC131 applies to all clinical negligence actions before the High Court from 28 April 2025, irrespective of when the proceedings commenced. HC131 replaces and revokes a similarly entitled and worded practice direction, HC130, which was issued last month.
HC131 specifies the circumstances in which a party to a clinical negligence action can apply for a trial date and seeks to facilitate the earlier resolution of claims.
Summary of main provisions of HC131:
Entitlement to apply for a trial date: After the case has been set down for trial, any party to a clinical negligence action may, on giving 28 days' notice to all affected parties, apply for a date for trial provided certain conditions are satisfied and confirmed in writing by a Certificate of Compliance signed by their solicitor or, if unrepresented, by the party making the application. Those conditions are:
- Fully pleaded case: the applicant must have fully pleaded all aspects of their case. All replies to particulars, further particulars of personal injuries or special damages, supporting vouching documents, and a final schedule of special damages (if applicable) must have been delivered. Where the plaintiff gets an expert report on quantum that it intends to rely upon, it shall provide particulars of additional injuries or updated special damages within six weeks of receipt. If the defendant wants to investigate or contest the claim, it shall engage an appropriate expert within six weeks of receiving such particulars. If the defendant gets an expert report on quantum, it must provide particulars of that report within six weeks of receipt. The applicant must also have complied with all outstanding discovery obligations.
- Schedule of witnesses: The applicant must have exchanged or offered to have exchanged a complete schedule of all witnesses, both factual and expert, intended to be called at trial.
- The applicant must have exchanged or offered to exchange expert reports.
- Undertaking on Mediation: As a condition of applying for a
trial date, paragraph 5(d) provides that the applicant must
undertake:
– to offer mediation to the opposing parties within three weeks of the date on which the trial date is fixed;
– to engage in such mediation within six weeks of the offer being accepted; and
– if the initial offer to mediate is not accepted, engage in mediation within six weeks of any subsequent offer.
HC131 mandates the parties to engage constructively in mediation. The requirements around mediation will not apply to an applicant who satisfies the court that it will not assist in achieving a settlement.
Judicial Discretion: The court retains discretion regarding whether to assign a trial date. In cases of manifest urgency, the court can dispense with one or more conditions set out in HC131 and permit the applicant to apply for a trial date, but the applicant must demonstrate no "insuperable prejudice" to the other side. Functions under HC131 are exercisable by the Judge in Charge of the Clinical Negligence List (discussed above).
Sanctions for non-compliance: The court may refuse an application for a trial date where HC131 is not complied with. In contested applications, the court will treat it as a case management hearing and may make directions/orders as it considers just.
Delivery of Further Particulars or additional Expert Reports after a Trial Date is set:
- If a party, without consent or the prior leave of the court, delivers further particulars of alleged wrongdoing or defence, injury or special damages or additional expert reports or schedules of special damages after the trial date has been fixed, the opposing or any affected party may apply for an adjournment of the trial, or such further order as may be just;
- Where such an adjournment or order is deemed necessary, the court may make any appropriate costs order.
These practice directions are a welcome development to ensure transparency and facilitate early resolution of clinical negligence proceedings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
