The President of the High Court hereby issues the following Practice Direction in accordance with the general authority of the President of the High Court and s.11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

1. Effective Date

This Practice Direction will come into effect on 28th April 2025 ("the Effective Date").

2. Purpose and Objectives

This Practice Direction revokes and replaces Practice Direction HC 130 issued on 25^th March 2025.  It specifies the circumstances in which a party to clinical negligence proceedings may apply for a date for trial (“the applicant”). Its principal purpose and objective is to facilitate the earlier resolution of claims while also ensuring that cases are properly prepared for trial and enhancing efficient case management generally.

3. Scope

This Practice Direction applies to all clinical negligence proceedings before the High Court (“the Court”), including those in the Clinical Negligence List (established under Practice Direction HC132) from the Effective Date, irrespective of when proceedings commenced.

4. Revocation of Practice Direction HC130

Practice Direction HC130 is revoked with effect from 8 April 2025.

5. Entitlement to Apply for a Trial Date

After the case has been set down for trial, any party to clinical negligence proceedings may, on giving 28 days' notice to all affected parties, apply for a date for trial provided the following conditions are satisfied and confirmed in writing by a Certificate of Compliance signed by their solicitor or, if unrepresented, by the party making the application:

1. Fully Pleaded Case

1. The applicant must have fully pleaded all aspects of their case to identify and define all issues they wish to advance at the hearing of the action, including particulars of negligence, grounds of defence, pleas regarding causation, contributory negligence and any required amendments to the pleadings or defence. Additionally, all replies to particulars, further particulars of personal injuries or special damages, supporting vouching documentation (if required), and a fully quantified schedule of special damages (if applicable) must have been delivered.
2. Where the plaintiff obtains an expert report on any aspect of quantum they intend to rely upon, they shall, within six weeks of receipt, provide particulars of any alleged additional injuries or special damages arising from it. If the defendant intends to investigate or contest the relevant claim, they shall engage an appropriate expert within six weeks of receiving such particulars. If the defendant subsequently obtains an expert report on quantum that they intend to rely upon, they shall, within six weeks of receipt, provide particulars of that report. For the avoidance of doubt, this continuing obligation applies to all parties prior to the application for a date for trial and in accordance with the provisions of paragraph (4) herein.
3. The applicant must also have complied with all outstanding discovery obligations, including responding to any requests for voluntary discovery raised prior to the service of the 28 days’ notice.

2. Schedule of Witnesses

The applicant must have exchanged or offered to have exchanged a complete schedule of all witnesses, both factual and expert, intended to be called at trial.

3. Exchange or offer to exchange expert reports

1. Unless otherwise permitted by law, the applicant must have exchanged or have offered to exchange, all expert reports intended to be relied upon at trial.
2. Where such exchange has not yet occurred, the applicant must have made a bona fide offer to exchange expert reports, allowing the opposing party or parties in the action a reasonable opportunity to do the same.

4. Mediation

1. As a condition of applying for a trial date, the applicant must provide an undertaking to offer mediation to the opposing party or parties within three weeks of the date on which the trial date is fixed, to engage in such mediation within six weeks of the offer being accepted and, in the event that the initial offer is not accepted, to engage in mediation  within six weeks of any subsequent offer of mediation made by the opposing party or parties prior to trial.
2. For the avoidance of doubt, the undertaking required by paragraph 5(d)(i) of this Practice Direction shall be taken to require the applicant and the opposing party or parties to engage constructively in any such mediation and to comply with all reasonable directions of the mediator, including the timely provision of position papers, legal submissions, or other documents in accordance with the timeframe specified by the mediator.
3. The requirements of paragraph 5(d) will not apply to an applicant who has satisfied the court that mediation will not assist the parties in achieving settlement.

6. Judicial Discretion

1. The Court retains a discretion to assign or to refuse to assign a trial date and to make any orders or directions deemed appropriate.
2. In cases of manifest urgency, and/or where exceptional circumstances exist, the Court may, in its discretion, dispense with one or more of the conditions set out in this Practice Direction and permit a party to apply for an early trial date. In any such case, the applicant must satisfy the Court that the urgency is genuine and/or that the circumstances are exceptional, and that no insuperable prejudice will be caused to the opposing party or parties by the assignment of an early trial date or by the relaxation of the applicable conditions.
3. The functions of the Court with respect to this Practice Direction will be exercised by the Judge in Charge of the Clinical Negligence List or, when necessary, one of the other judges assigned to the List.

7. Sanctions for Non-Compliance

The Court may refuse an application for a date for trial where the applicant has failed to comply with this Practice Direction or is non-compliant with an order or direction of the Court or agreement of the parties whether as to pleadings, discovery or otherwise. Where an application for a date for trial is contested, the Court will treat the application as a case management hearing and may make such directions and cost orders or other consequent orders as it considers just.

8. Delivery of Further Particulars or additional Expert Reports after a Trial Date is set

1. If a party without consent or the prior leave of the Court delivers further particulars of alleged wrongdoing or defence, injury or special damages or additional expert reports or schedules of special damages after the trial date has been fixed, the opposing or any affected party may apply for an adjournment of the trial or for such further order as may be just;
2. Where such an adjournment or order is deemed necessary, the Court may make such order as to costs as it considers appropriate.

9. Review

This Practice Direction will be kept under regular review and will be amended or modified, where necessary.

Issued by the President of the High Court on 8 April 2025
David Barniville
President of the High Court