202 / 448
GAZETTE
JULY 1996
Practice Directions
Personal Injury Actions in which
Liability is Admitted
(1) With a view to reducing the number
of cases awaiting trial and the
length of trials and to reduce costs it
is proposed to introduce, on a trial
basis, a scheme for the holding of
preliminary hearings by way of
Case Conference by a Judge of
personal injuries actions in which
liability is not in issue. When such
actions have been placed in the
waiting list the plaintiff may, by
letter to the Chief Registrar, request
a Case Conference. These cases will
then be listed for a Case Conference
for the purpose of exploring the
possibility of early resolution of
such cases either by way of
settlement or if this is not possible,
the reduction of the issues to be
tried with the ultimate objective of
listing such cases for an early trial.
At the Conference, the judge will
consider any objections to its
holding that the defendant may
wish to advance.
(2) Case Conferences will be held in
chambers and will be attended by
the parties' solicitors and, if
briefed, counsel responsible for the
conduct of the case. Clients should
be readily available to furnish
instructions. It is proposed initially
to list cases on Mondays at 2pm
during term.
(3) One week prior to the Case
Conference, the parties will be
required to complete a check list in
the form appended to this Practice
Direction, file it in the Central
Office, and serve it on other parties.
Copies of the check list can be
obtained from the Central Office.
(4) At the Conference enquiries may
be made,
inter alia,
in relation to
the following matters:
(a) Whether there has been
compliance with any Rules
186
made under section 45 of the
Courts and Court Officers Act,
1995.
(b) Whether the parties have
exchanged medical reports or
are they prepared to do so.
(c) Whether the parties have
exchanged witness statements
or are prepared to do so.
(d) Whether the parties have
exchanged expert witnesses'
reports or are prepared to do so.
The parties may be required;
(i) to state in concise form the
nature of the case or defence for
the purpose of identifying the
issues remaining in the case.
(ii) to furnish an exact statement of
the special damages now
claimed or admitted.
(iii) to identify the areas in which
they are not in agreement.
(5) At the Conference, the Judge will
have power to make such Orders by
consent for the speedy resolution of
the remaining issues in the case,
including the power to:
(a) Order Discovery of
Documents.
(b) Direct Replies to Particulars.
(c) Direct Delivery of
Interrogatories.
(d) Direct Delivery of Replies to
Interrogatories.
(e) Extending the time provided for
in the Rules of the Superior
Courts for taking any
interlocutory step in the action.
(f) To enter judgment in an action
or to strike it out.
(g) To deal with all matters relating
to the costs of the action
including costs of holding the
Conference if the action is
settled. If the action is not
settled the costs will be
reserved for the trial judge.
(6) At the Conference the judge may,
with the parties' consent, assist in
effecting a settlement of the action.
In this event, and if the case is not
settled, he/she will not preside at
the trial.
(7) The Conference judge may direct
that appropriate steps be taken to
refer specific issues for hearing
in Court.
(8) After the Conference the case will
be listed for hearing at an early date
suitable to the parties.
Dated: 21 st day of June, 1996.
Signed:
D. Costello
President of the High Court
PRE-TRIAL CHECK LIST
THE HIGH COURT
Number P19
List Number
BETWEEN
(SET OUT PLAINTIFF'S NAME)
PLAINTIFF
AND
(SET OUT DEFENDANT'S NAME)
DEFENDANT
PRE-TRIAL CHECK LIST TO BE
COMPLETED BY THE
j
SOLICITOR FOR EACH PARTY
AND LODGED WITH THE COURT
FILE NOT LESS THAN SEVEN
DAYS PRIOR TO COURT
CONFERENCE AND COPY TO BE
SENT TO THE OTHER PARTIES
TO THE ACTION
1. PLEADINGS
(a) Do you intend to make any
amendments to your Pleadings?
(b) If so, when?