PRACTICE DIRECTION - 5.7

LONG CASES

1.    This Practice Direction will apply to all High Court actions begun by writ except:

(1)    actions in specialist lists; and

(2)    personal injuries action.

2.    The aim of this Practice Direction is to set in place a system for the prompt and efficient preparation for and the hearing of trials of cases where the hearing is likely to be lengthy.  The directions are for the guidance of the Court and the parties.  Because the cases to which this Practice Direction will apply will be varied and the cases themselves will be exceptional, in particular as to their length and often as to the issues involved, the Court may make special orders and instigate exceptional procedure as the nature of a particular case requires.

3.      Subject to the provisions of this Practice Direction, Practice Direction 5.2 on Case Management shall be applicable to an action assigned to a trial Judge in accordance with Paragraph 4 of this Practice Direction.

A      Assignment of Case to Trial Judge

4.    (1)    In every High Court action, as soon as practicable and in any event not later than 28 days after the close of pleadings each party shall consult with each other as to whether the trial of the action is likely to last 15 days or longer.

      (2)    Where the parties to an action agree that the trial is likely to last 15 days or longer any party may apply to have the case assigned to a trial Judge.  Such application shall be made by letter signed by the solicitors of each party and addressed to the Listing Judge.

      (3)    Where all the parties to an action are not in agreement that the trial is likely to last 15 days or longer, or one or more of the parties is unrepresented, any party may apply at any time after the close of pleadings to have the matter assigned to a trial Judge.  Such application shall be made by summons to the Listing Judge in chambers.  The Judge may make an order assigning a case to a trial Judge notwithstanding that the case is not likely to last 15 days if, by reason of the complexity of the case or otherwise, he considers it advantageous to the proper conduct of the proceedings that it should be so assigned.

      (4)    Further applications for assignment of a case to a trial Judge may be made notwithstanding that an earlier application was unsuccessful provided there are changes in the relevant circumstances.

      (5)    A Master may at any stage direct that an action be referred to the Listing Judge with a view to his assigning the case to a trial Judge.

      (6)   For the avoidance of doubt, notwithstanding any application for assignment of a case to a trial Judge pursuant to this Practice Direction, parties should file their respective Timetabling Questionnaire and Consent Summons or Case Management Summons in accordance with the Rules of the High Court (Cap. 4A), Order 25, rule 1.

B     Case Management Directions and Timetable

5.      (1)    Upon assignment of an action to a trial Judge, the trial Judge shall take charge of the case management of the action and may give directions and / or a timetable as to the conduct of the proceedings as he sees fit.  From then on, any hearing of a Case Management Summons, Case Management Conference and / or Pre-Trial Review shall be heard before the trial Judge.

(2)   The trial Judge shall, as far as practicable in consultation with the parties' availability, fix a date for an Initial Case Management Conference.  The Initial Case Management Conference shall be fixed for 15 minutes and is not intended to be a contentious hearing involving the determination of interlocutory matters but rather to facilitate planning the course of the action.

(3)   Not less than 7 clear working days prior to the date fixed for the Initial Case Management Conference the plaintiff should indicate in writing to all other parties what directions it will seek at the hearing.  At least 3 clear working days before the date fixed for the hearing, all other parties to the action should respond in writing as to the directions that will be agreed and as to any other directions that shall be sought.  Unless otherwise directed by the Court, it shall not be necessary for parties to file or serve the Listing Questionnaire in accordance with Paragraph 25 of Practice Direction 5.2 on Case Management for this Initial Case Management Conference.

(4)   At least 36 hours before the Initial Case Management Conference the plaintiff shall deliver to the trial Judge's clerk a bundle containing copies of all pleadings to date and all notices in writing required under Paragraph 5(3) above.

(5)   At the Initial Case Management Conference, all matters necessary for the further conduct of the action will be considered.  These may include:

(a)      directions for further pleadings;

(b)      applications for security for costs;

(c)      discovery and interrogatories including in particular limiting discovery in terms of:

(i)    issues

(ii)    date of documents

(iii)    types of documents;

(d)      directions as to expert witnesses;

(e)      directions as to experiments;

(f)      directions as to evidence to be obtained overseas;

(g)      the hearing of applications for summary judgment and striking out;

(h)      the preparation of a non-contentious list of issues to be used at the trial;

(i)      any other matter which may require consideration at the time; and

(j)      directions that the action should proceed as a normal action.

(6)   If interlocutory applications are to be made by any of the parties, summonses should be issued and served at least 14 days prior to the day designated for the Initial Case Management Conference and made returnable on that day.

(7)   If an application is likely to be disposed of within the time allotted to the Initial Case Management Conference, or if there is no opposition to the making of any directions or orders sought, the Judge will usually consider the application at the Initial Case Management Conference.  In all other cases, unless otherwise indicated by the Judge 10 days prior to the Initial Case Management Conference, the Judge will not determine specific summonses at the Initial Case Management Conference but will give directions as to their hearing.

(8)   At the Initial Case Management Conference the Judge shall give the date of the next Case Management Conference (if any) or Pre-Trial Review (if any).

6.    Legal representatives of the parties attending the Initial Case Management Conference are expected to be familiar with the action.  The representatives should be prepared to tell the Court briefly why directions or orders are sought or opposed.  In so far as is practicable, trial counsel are expected to attend any subsequent Case Management Conference, unless otherwise directed by the Court. 

C       Further Case Management Conference

7.     (1)    The Judge will order further Case Management Conference(s) as required for the particular case.

        (2)    Paragraphs 23 to 26 and 28 to 32 of Practice Direction 5.2 on Case Management will apply thereto.

D       Interlocutory Applications

8.    All interlocutory applications in an action assigned to a Judge will be listed before that Judge unless to do so will cause undue delay or other difficulty.  Where possible the Judge shall be consulted prior to the matter being listed before another Judge.

E       Pre-Trial Review