Applications for trial date
Practice Direction HC131 commencing on 28 April provides a new procedure for the application for trial dates in clinical negligence actions.
Parties must provide 28 days notice of the application and notably the following conditions must be met and confirmed in writing by a Certificate of Compliance:-
- Fully Pleaded Case: Full particulars need to have been delivered including particulars of negligence, grounds of defence, contributory negligence and further particulars of personal injuries or a final schedule of special damages. Where an expert report is received on any aspect of quantum, particulars must be delivered within six weeks of receipt of the report. The Applicant must have also 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, that it intends to call at trial.
- Exchange or offer to exchange expert reports: The Applicant must have exchanged or have offered to exchange all expert reports intended to be relied upon at trial.
- Mediation: This will not apply if the Applicant satisfies the court that it will not assist in achieving a settlement. The Applicant must provide an undertaking:
- to offer mediation within three weeks of the date on which a date for trial is fixed.
- to engage in such mediation within six weeks of the offer being accepted.
- if the initial offer to mediate is not accepted, to engage in mediation within six weeks of any subsequent offer to mediate.
Parties must engage constructively in mediation.
Judicial Discretion: The Court may dispense with one or more of the conditions to allow the party to apply for an early trial date.
Dedicated clinical negligence list
- Practice Direction HC132 has confirmed that a dedicated clinical negligence list will also come into effect on 28 April 2025. This provides for the structured management of such cases and includes cases involving allegations of negligence or breach of duty in the provision of clinical or healthcare treatment or advice. It will apply to existing cases regardless of when they were commenced.
- It is envisaged that cases within this list will be assigned to Judges experienced in dealing with clinical negligence cases.
- Case management directions may be given to facilitate the efficient preparation for and hearing of the cases to include timetables for the exchange of expert reports, directions for mediation, Orders relating to witness statements or expert evidence and other directions.
- Interlocutory applications, applications for a trial date and other applications may be heard but not Motions ordinarily heard in the Common Law Motion List on Mondays.
With these new welcome practice directions, it is anticipated that earlier resolution of these claims will be achieved in a manner that is fair and equitable for all parties involved.
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.
