New High Court Practice Directions introduced for Clinical Negligence Actions

What has been published

A new High Court Practice Direction (HC131), in respect of applications for a trial date in clinical negligence proceedings before the High Court, will be operational from 28 April 2025 and will also apply to proceedings commenced prior to this date.

In addition, pursuant to a separate Practice Direction (HC132) a dedicated clinical negligence list, within the Dublin personal injuries list, has been established and this will also come into effect on 28 April 2025.

Entitlement to Apply for a Trial Date

Pursuant to HC131, after a case has been set down for trial, a party may, on giving 28 days' notice to all affected parties, apply for a trial date, provided certain conditions have been satisfied, including:

• The applicant must have fully pleaded their case, complied with discovery obligations and delivered all particulars, including those relating to personal injuries and special damages, any supporting vouching documentation  and a quantified schedule of special damages (if applicable).

• The applicant must have exchanged (or offered to have exchanged) a complete schedule of all witnesses, both factual and expert and all expert reports intended to be relied upon at trial.

• Unless the applicant has satisfied the court that mediation will not be of assistance, the applicant must provide an undertaking to offer mediation within three weeks of the trial date and engage in such mediation within six weeks of the offer being accepted or any subsequent offer of mediation made by the opposing party. The parties must engage constructively in any  mediation and comply with all reasonable directions of the mediator.

A Certificate of Compliance with HC131 signed by the solicitor acting for the applicant  or, if unrepresented, by the party making the application, will be required when applying for a trial date.

If the court is satisfied that a case is one of manifest urgency and no insuperable prejudice will be caused to the other side, the court has the jurisdiction to assign a trial date even if one or more of the conditions contained in HC131 has not been met.

Adjournment

If a trial date has been fixed but a party without leave of the court delivers further particulars, additional expert reports or schedules of special damages, the court, on application from the other party, may adjourn the trial date and make an order for costs against the offending party.

Clinical Negligence List

The new clinical negligence list will apply to the different stages of clinical negligence proceedings and will include mentions, applications for dates for trial, interlocutory applications, case management directions hearings, hearings and cost applications. The judge in charge of the clinical negligence list can issue case management directions, including timetables for the exchange of expert reports, directions for mediation and orders relating to witnesses statements or expert evidence.

Conclusion

These practical steps, which represent an effort to facilitate the earlier resolution of claims whilst also allowing for efficient case management so that cases are properly prepared for trial, are to be welcomed.