Part 39

Pre Trial Review

 

Contents of this Part

Scope of this Part Rule 39.1

Direction for a Pre Trial Review Rule 39.2

Rules relating to Case Management Conference to

apply Rule 39.3

Who is to conduct Pre Trial Review Rule 39.4

Parties to prepare Statement of Issues Rule 39.5

Directions at Pre Trial Review Rule 39.6

 

Scope of this Part

39.1 This Part deals with the pre trial review which is to be held

shortly before trial if the court so orders.

 

Direction for a Pre Trial Review

39.2 (1) At any case management conference and at any

subsequent hearing in the proceedings other than

the trial the court must consider whether a pre trial

review should be held to enable the court to deal justly with the proceedings.
    1. A party may apply for a direction that a pre trial review be held.
    2. An application for a pre trial review must be made at least 70 days before the trial date or the beginning of any trial period
    3. The court shall give each party at least 14 days notice of the date time and place for a pre trial review.

 

Rules relating to Case Management Conferences to apply

39.3 Parts 25 and 26 shall apply to a pre trial review as they do to a

case management conference.

 

Who is to conduct Pre Trial Review

39.4 (1) The general rule is that the pre trial review shall be

conducted wherever practicable by the Trial Judge.

(2) Where that is not practicable the pre trial review shall be conducted by a Judge of the High Court.

 

Parties to prepare Statement of Issues

39.4 (1) The parties shall file at the court not less than 7 days before

the pre trial review an agreed statement of the issues to be

tried.

(2) If the parties are not able to agree such a statement each

part shall file a statement of the issues.

 

Directions at Pre Trial Review

39.5 (1) The Court shall give directions as to the conduct of the trial

in order to ensure the fair, expeditious and economic trial of

the issues.

(2) In particular the court may -

(a) direct either party to provide further information to

the other; and

(b) give directions for the filing by each party of one or more of -

(i) a skeleton argument;

(ii) a chronology;

(iii) a list of authorities;

(iv) a core bundle of documents;

(v) an agreed statement of facts;

(vi) an agreed statement of the basic technical,

scientific or medical matters in issue;

(vii) an agreed statement as to any relevant

specialist area of law, which statement shall

not be binding on the trial; and

(c) direct whether or not there shall be any opening or

closing addresses and the time to be allocated to each; and

(d) give directions as to the order of the trial; and

(e) decide on the total time to be allowed for the trial; and

(g) direct how that time shall be allocated between the

parties.