The President of the High Court has issued two new practice directions (HC131 and HC 132) (the “Directions”) to apply to clinical negligence claims. They will come into force on 28 April 2025. The Directions seek to ensure that clinical negligence claims are properly pleaded for trial and to facilitate the early resolution of claims. The Directions are a very welcome development as they will ensure clinical negligence claims are run in a timely and organised manner by adding much needed structure to the progression of these cases. Hopefully, the result will be much less delays, which is of benefit to both Plaintiffs and Defendants alike.
Practice Direction HC131
Practice Direction HC131 also provides a helpful list of actions that must be completed in order for a party to apply for a trial date. After the case has been set down for hearing, any party to a clinical negligence action may apply for a date for trial if the following conditions are satisfied:
- The applicant has fully pleaded all aspects of their case;
- All Replies to Particulars, Further Particulars of Personal Injuries or Special Damages must have been delivered;
- The applicant must have exchanged or offered to have exchanged a complete schedule of all witnesses;
- The applicant must have exchanged or have offered to exchange all expert reports; and
- The applicant must have provided an undertaking to either offer mediation or engage in mediation if offered by the opposing party or parties.
The Court retains discretion to assess whether the necessary conditions have been satisfied. However, the Court may dispense with one or more of the conditions and allow the party to apply for an early trial date in cases of “manifest urgency”.
Practice Direction HC132
Practice Direction HC132 establishes a clinical negligence list within Dublin’s personal injuries list of the High Court. The clinical negligence list will apply to all stages of clinical negligence claims including matters in for mention, applications for trial dates, interlocutory applications, hearings, and cost applications. It will exclude motions, including ex parte applications, ordinarily listed in Monday’s common law motion list.
The President of the High Court will assign a Judge in Charge of the clinical negligence list (“Judge in Charge”). That judge will assign cases within the clinical negligence list to judges drawn from the personal injuries list.
The Judge in Charge may issue case management directions, including:
- The exchange of expert reports;
- Directions for mediation;
- Orders relating to witness statements or expert evidence; and
- Any other directions necessary to ensure the fair and expeditious resolution of clinical negligence proceedings.
The Directions are a welcome development. Both seek to ensure that clinical negligence claims are managed in a structured manner and to allow for earlier resolution of cases.
More details regarding the Directions for clinical negligence claims can be found here:
- https://courts.ie/content/clinical-negligence-actions-applications-trial-dates
- https://www.courts.ie/content/clinical-negligence-list
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