The Gazette 1996

GAZETTE

JULY 1996

Practice Directions

made under section 45 of the Courts and Court Officers Act, 1995. exchanged medical reports or are they prepared to do so. exchanged witness statements or are prepared to do so. exchanged expert witnesses' reports or are prepared to do so. 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 (b) Whether the parties have (c) Whether the parties have (d) Whether the parties have The parties may be required; (i) to state in concise form the

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.

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. 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 (3) One week prior to the Case

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

Conference if the action is settled. If the action is not settled the costs will be reserved for the trial judge.

1. PLEADINGS (a) Do you intend to make any

amendments to your Pleadings?

(6) At the Conference the judge may, with the parties' consent, assist in

(b) If so, when?