The President of the High Court has issued Practice Direction HC130: Clinical Negligence Actions – Applications for Trial Dates, which will come into operation on 28 April 2025.
It applies to all clinical negligence actions before the High Court from 28 April 2025, irrespective of when the proceedings commenced.
The Practice Direction specifies the circumstances in which a party to a clinical negligence action can apply for a trial date and seeks to facilitate the earlier resolution of claims.
Summary of main provisions of the Practice Direction:
- Entitlement to apply for a trial date: After
the case has been set down for trial, any party to a clinical
negligence action may, on giving 28 days' notice to all
affected parties, apply for a date for trial provided certain
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. Those conditions are
- Fully pleaded case: the applicant must have fully pleaded all aspects of their case. All replies to particulars, further particulars of personal injuries or special damages, supporting vouching documents, and a final schedule of special damages (if applicable) must have been delivered. Where the plaintiff gets an expert report on quantum that it intends to rely upon, it shall provide particulars of additional injuries or updated special damages within three weeks of receipt. If the defendant wants to investigate or contest the claim, it shall engage an appropriate expert within six weeks of receiving such particulars. If the defendant gets an expert report on quantum, it must provide particulars of that report within three weeks. The applicant must also have complied with all outstanding discovery obligations.
- 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.
- The applicant must have exchanged or offered to exchange expert reports.
- Mediation: (i) Before applying for a trial date, the applicant must have either offered mediation or engaged in mediation if agreed to or offered by the opposing party or parties. (ii) Where mediation has been offered, the applicant must have allowed a reasonable time for the opposing party or parties to respond. (iii) A trial date will not be assigned unless the applicant provides an undertaking to engage in mediation should it be offered before trial. (iv) These mediation requirements will not apply to an applicant who has satisfied the court that mediation will not assist the parties in achieving a settlement.
- Judicial Discretion: The court retains discretion in assessing whether the Practice Direction conditions have been complied with and can make orders/directions as appropriate. In cases of manifest urgency, the court can dispense with one or more conditions to allow the applicant to apply for a trial date, but the applicant must demonstrate no prejudice to the other side as a result.
- Sanctions for non-compliance: The court may refuse an application for a trial date where the Practice Direction is not complied with. Where the application is contested, the court will treat it as a Case Management Hearing and may make directions/orders as it considers just.
- Delivery of Further Particulars or additional Expert
Reports after a Trial Date is set:
- 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 such further order as may be just;
- Where such an adjournment or order is deemed necessary, the court may make any appropriate costs order.
Overall, this is a much welcomed Practice Direction, which we hope will promote efficiency and transparency and lead to earlier resolution of clinical negligence claims.
Contributed by
Niamh Brennan
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
