Practice direction HC132 provides for the establishment of a dedicated Clinical Negligence List within the Dublin Personal Injuries List of the High Court. This is intended to ensure clinical negligence matters receive focussed attention by experienced judges and that they benefit from enhanced case management.
This list will be managed by a High Court judge and will apply to all stages of clinical negligence proceedings.
The judge in charge can:
- set timetables for the exchange of expert reports;
- make directions for mediation;
- make orders relating to witness statements or expert evidence; and
- issue any other directions necessary to ensure fair and prompt resolution of proceedings.
New procedure for applying for a trial date
Practice direction HC131 introduces a new procedure for applying for a trial date in clinical negligence proceedings. The aim of the new procedure is to ensure cases are properly pleaded before a trial date is assigned and to facilitate the earlier resolution of clinical negligence actions. This should in turn decrease legal costs.
Under the new procedure, a party seeking to apply for a trial date must give the other parties 28 days’ notice of their intention to do so and must also complete a Certificate of Compliance for the Court. The requirement to complete such a certificate is a new requirement.
In the Certificate of Compliance, the party applying for a trial date must certify that:
- they have fully pleaded all aspects of their case;
- they have exchanged a complete schedule of all witnesses, factual and expert (or have offered to do so);
- they have exchanged all expert reports intended to be relied upon at trial (or offered to do so); and
- they undertake to offer mediation within 3 weeks of the date on which the trial date is fixed and to engage in mediation within 6 weeks of the offer being accepted. This requirement to offer mediation in this framework is new and we expect that this will lead to the earlier resolution of claims.
The High Court can refuse an application for a trial date if the applicant fails to comply with these requirements or fails to comply with an order of the Court or agreement between the parties relating to pleadings, discovery or otherwise.
The other party or parties can contest the application for a trial date, in which case the Court will treat the application as a case management hearing.
After a trial date has been fixed, if a party delivers further particulars, expert reports or a schedule of special damages without the consent of the Court, the opposing parties can apply for an adjournment of the trial date. The Court can make such costs order as it considers appropriate where an adjournment is deemed necessary.