PRACTICE DIRECTION - 1.1
ADMIRALTY LIST
A Introduction
1. For guidance on matters which are not specifically dealt with below, practitioners should consult Practice Directions relating to General List cases.
B Admiralty List
2. The function of the Admiralty List ("the List") is to facilitate the disposal of Admiralty actions (whether in rem or in personam).
3. There shall be a Judge ("the Judge") in charge of the List. Other Judges ("designated Judges") may also be designated to hear proceedings within the List from time to time.
4. The Judge shall have control of the matters in the List and of interlocutory applications therein and may make such directions and orders regulating the conduct or trial of such matters as he thinks fit.
5. The Judge may issue general directions for the better regulation of the List and for this purpose may form a consultative committee of legal practitioners.
6. The powers of the Judge shall, when necessary, be exercisable by another Judge.
C Interlocutory Applications
7. For all contested interlocutory applications listed for 30 minutes or more, the following directions will apply:
(1) At least 72 hours before the hearing, the applicant shall serve a skeleton on the other parties and the Court.
(2) At least 48 hours before the hearing, the respondent shall serve a skeleton on all other parties and the Court.
8. For interlocutory applications listed for less than 30 minutes, it is left to practitioners to decide whether the Court will be assisted by a skeleton.
D Standard Directions for Trials
9. A plaintiff should take out a summons for a 1st Case Management Conference before the Judge within 28 days after the close of pleadings.
10. Not later than 7 days before the hearing of the 1st Case Management Conference, each party to a proceeding shall lodge with the Clerk to the Judge, file with the Court and serve on the other parties a completed information sheet in the form set out in Appendix A.
11. The following are standard directions which the Court will make in most cases at a 1st Case Management Conference. These directions must be followed although the Court will consider deviating from them in appropriate cases:
Factual Witnesses
(1) Signed statements of factual witnesses shall be exchanged no later than [date]. Unless otherwise directed by the trial Judge, the statements are to stand as evidence in chief at trial.
Expert Witnesses
(2) Expert evidence will be required on the following subjects:
(a) [Subject A];
(b) [Subject B];
(c) [Subject C];
(d) ...
(3) Leave is granted for experts to be called by each party as follows:
(a) On Subject A, [number] expert(s);
(b) On Subject B, [number] expert(s);
(c) On Subject C, [number] expert(s);
(d) ...
(4) The experts in each subject are to answer the following specific questions:
(a) On Subject A:
(i) Question A1;
(ii) Question A2;
(iii) Question A3;
(iv) Question A4;
(v) Question A5;
(vi) ...
(b) On Subject B:
(i) Question B1;
(ii) Question B2;
(iii) Question B3;
(iv) Question B4;
(v) Question B5;
(vi) ...
(c) On Subject C:
(i) Question C1;
(ii) Question C2;
(iii) Question C3;
(iv) Question C4;
(v) Question C5;
(vi) ...
(d) ...
(5) Provisional expert reports shall be exchanged on a without prejudice basis no later than [date].
(6) Within [time period] from the date of exchange of provisional expert reports, the experts in each subject are to meet on a without prejudice basis to agree a common opinion on the questions within their subject.
(7) Within [time period] following their without prejudice meeting, the experts in each subject are to prepare a signed joint report which succinctly identifies:
(1) the questions on which the experts have reached a common opinion and (in respect of each such question) what that common opinion is; and
(2) the questions on which the experts have failed to reach a common opinion.
(8) Within [time period] following their joint reports, the experts in each subject are to exchange final signed reports. The final reports should succinctly state the following:
(1) the questions within a subject on which it was not possible to reach a common opinion;
(2) the competing views on each such question;
(3) why a given expert's views on each such question are right; and
(4) why any opposing expert's views on each such question are wrong.
Setting Down, Pre-Trial Review and Trial
(9) The parties have leave to set down the action for trial forthwith, with an estimated hearing length of [number] days. The trial is not to be heard before [date].
(10) The trial date is to be treated as a milestone date.
(11) Not later than 28 days before the Pre-Trial Review, each party to a proceedings shall lodge with the Clerk to the Judge, file with the Court and serve on the other parties a signed Pre-Trial Review checklist in the form set out in Appendix B.
(12) There will be a Pre-Trial Review not less than 28 days before the trial date.
(13) Trial bundles are to be lodged with the Court not less than 14 days before the trial date.
(14) The parties are to serve written opening submissions on the Court and each other not less than 7 days before the trial date.
(15) There will be liberty to apply.
Costs
(16) Costs will be in the cause.
12. At the 1st Case Management Conference, the Judge may direct that there be further Case Management Conferences.
E Commencement Date
13. This Practice Direction supersedes the previous Practice Direction 1.1 on Admiralty Actions.
14. This Practice Direction shall come into effect on 2 April 2009.
Dated this 12th of February 2009.
| (Andrew Li) | |
| Chief Justice |