• PART 12 PART 12 — Case Management

    • 77. Directions

      (1) If a defendant files a defence, and if the circumstances of the case so require, a Court officer will issue each party with a notice which will specify any matter to be complied with by the date specified in the notice (the "specified date") and/or may require the parties to file a completed directions questionnaire, serve copies on all other parties and file proposed directions by the specified date.
      (2) Where there are two or more defendants and at least one of them files a defence, and if the circumstances of the case so require, the Court will issue a notice under paragraph (1) when all the defendants have filed a defence or when the period for the filing and serving of the last defence has expired, whichever is the sooner.
      (3) Where a notice is issued under paragraph (1), the specified date may not be varied by agreement between the parties.
      (4) If a party does not comply with the notice by the specified date, the Court will make such order as it considers appropriate.
      (5) Where the Court makes an order under paragraph (4), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the Court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.
      Amended on June 20, 2018
      Amended on February 25, 2019
      Amended on July 9 2020

    • 78. Stay to allow for settlement of the case

      (1) A party may, when filing the completed directions questionnaire, make a written request for the proceedings to be stayed while the parties try to settle the case by alternative dispute resolution or other means.
      (2) If all parties request a stay, the proceedings will be stayed for one month and the Court will notify the parties accordingly.
      (3) If the Court otherwise considers that such a stay would be appropriate, the Court will direct that the proceedings, either in whole or in part, be stayed for such period as it considers appropriate.
      (4) The Court may extend the stay until such date or for such specified period as it considers appropriate.

    • 79. Case management conference

      (1) The Court will hold an initial case management conference in accordance with the relevant practice direction and fix the trial date a timetable for the conduct of the case including if possible the appointment of trial dates or provisional trial dates, or, if that is not practicable, fix as much of the pre-trial timetable as possible.
      (2) The Court may, upon the request of a party or on its own initiative, convene a case management conference at any time during the proceedings to facilitate the effective management of the case.
      (3) When the Court fixes the trial dates or provisional trial dates, it will give notice to the parties of those dates.
      Amended on February 25, 2019
      Amended on July 9 2020

    • 80. Steps taken by the parties

      (1) The parties must endeavour to agree appropriate directions for the management of the proceedings, and submit agreed directions or their respective proposals to the Court before any case management conference in accordance with any relevant practice direction.
      (2) The Court will notify the parties where the Court approves agreed directions, or issues its own directions, and the case management conference will be vacated.

    • 81. Variation of case management timetable

      (1) In accordance with the relevant practice direction:
      (a) where they are agreed that the timetable should be adjusted, the parties may jointly seek a variation of any of the dates fixed by the Court under Rule 79;
      (b) failing agreement, and subject to sub-paragraph (c) below, a party may seek a variation of any of the dates fixed by the Court under Rule 79;
      (c) if, failing agreement, a party wishes to seek a variation to any of the dates fixed by the Court under Rule 79 that will affect or have a consequential impact on the dates fixed for a hearing or a trial, that party must make an application to the Court.
      Amended on February 25, 2019

    • 82. Pre-trial check list

      (1) The Court will send the parties a pre-trial check list for completion and return unless it considers that the claim can proceed to trial without the need for the pre-trial check list.
      (2) Each party must file the completed pre-trial check list by the date specified in the relevant practice direction or by the Court.
      (3) If, on receipt of the parties' pre-trial check list, the Court decides to hold a pre-trial review or to cancel a pre-trial review which has already been fixed, it will issue a notice of its decision on the parties.
      Amended on February 25, 2019

    • 83. Setting a trial timetable

      (1) As soon as practicable after each party has filed a completed pre-trial check list or the Court has held a pre-trial review, the Court may —
      (a) set a timetable for the trial, unless a timetable has already been fixed or the Court considers that it would be inappropriate to do so; and/or
      (b) confirm the date for trial.
      Amended on February 25, 2019

    • 84. Transfer of proceedings

      (1) The Court of First Instance may, upon the application of any party to the proceedings or of its own initiative, order proceedings in any Division of that Court to be transferred to another Division.
      (2) Where the Court orders proceedings to be transferred, it will give notice of that transfer to all the parties.
      (3) An order made before the transfer of the proceedings shall not be affected by the order to transfer.