High Court Rules 2016

Schedule 5 Matters for consideration at case management conference

rr 7.3, 7.4

Schedule 5: replaced, on 4 February 2013, by rule 19 of the High Court Amendment Rules (No 2) 2012 (SR 2012/409).

Note: The presiding Judge will expect the parties at the first case management conference to have—

(a)

provided initial disclosure in accordance with rule 8.4:

(b)

carefully considered the pleadings and the principal documents disclosed with them:

(c)

discussed and endeavoured to agree on an appropriate discovery order and the manner in which inspection will take place, in accordance with rule 8.11:

(d)

discussed and endeavoured to agree on the matters for consideration listed in this schedule:

(e)

filed and served a joint memorandum or separate memoranda in accordance with rules 7.3 and 8.11.

Issues
1

Resolution and refinement of the issues, and as a consequence whether the pleadings require amendment.

2

Whether additional parties should be joined.

3

Whether this proceeding has been appropriately categorised and is either an ordinary defended proceeding or a complex defended proceeding.

Discovery and other interlocutory applications
4

The scope, terms, and timetable for any discovery.

5

If any interlocutory applications have been filed or will be filed, whether they can be heard and disposed of at the case management conference.

Readiness for trial
6

Is the case sufficiently ready for a fixture date to be allocated in the near future?

7

If there are still outstanding issues, whether a further case management conference or an issues conference should be timetabled.

Fixture or hearing
8

If the proceeding is ready to go for a hearing or a trial,—

(a)

when should the close of pleadings date be?

(b)

should there be a pre-trial conference?

(c)

what is the estimated length of trial? (The Judge will estimate this by the number of witnesses and the estimate of duration of their testimony.)

(d)

what timetable is required for written briefs?

(e)

is expert evidence required and, if so, what are the proposals for that evidence, including prior exchange, whether expert witnesses should conference, and how expert evidence is to be given (ie, in the normal course of a party’s case, consecutively, or by way of panel)?

(f)

are any special resources or requirements needed for the hearing?

(g)

is an electronic common bundle and/or an electronic casebook to be prepared?

(h)

can the proceeding be placed on a short-notice list or put down as a back-up fixture?

(i)

is alternative dispute resolution suitable to try to facilitate settlement prior to trial?

(j)

what is the categorisation of the proceeding in relation to costs?

Other
9

Any other matters, provided that those matters have been discussed between the parties at least 5 working days before the conference.

Schedule 5 clause 8(e): replaced, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).

Schedule 5 clause 8(f): replaced, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).

Schedule 5 clause 8(g): replaced, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).

Schedule 5 clause 8(h): replaced, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).

Schedule 5 clause 8(i): replaced, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).

Schedule 5 clause 8(j): inserted, on 1 August 2019, by rule 13 of the High Court Amendment Rules 2019 (LI 2019/150).