High Court (Pre-Trial)

General The claimant must subject to the rules and in such time as is prescribed deliver a statement of claim and of the relief or remedy which he claims to be entitled. The defendant shall in accordance with the rules deliver his defence and set off / counterclaim if any.  The claimant shall deliver his reply to such defence an set off / counterclaim in accordance with the rules. The statement and defence shall be as brief as the nature of the case will admit.  The taxing master in dealing with costs may disallow costs if the pleadings of the party who seeks costs are unnecessarily long. A defendant in an action may set off or set up a counterclaim against the claimant any right or claim whether in damages or not and this will have effect as a cross action.  The court may give a final judgement in the same action both on the original and cross-claim.… Read the rest

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Statement of Claim When the procedure is by special summons or summary summons, no statement of claim or other pleadings shall be delivered, except by the order of the court.  The court may order such statement of claim or other pleadings as appears to be requisite. Where the procedure is by plenary summons, the claimant may deliver the statement of claim with the plenary summons or notice in lieu thereof, or at any time within 21 days of service. Where a defendant enters an appearance to a plenary summons and at the time of entering such appearance  gives notice in writing to the claimant or his solicitor that he requires the statement of claim to be delivered to claimant, then if he has not already done so, the claimant shall deliver a statement of claim within 21 days of receipt of such notice. Subject to the above rules, where there is no appearance, no statement of claim need be delivered when the defendant fails to appear or fails to serve such notice as is mentioned above. … Read the rest

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Failure to Deliver If a party to litigation does not deliver the requisite pleading within the time limit required, the opposing party may apply to court for a judgement in default. The judegment may be given on the basis of the pleading has not been delivered. Where the statement of claim is not delivered when due, the defendant may give notice of his intention to apply to court to  dismiss the action for want of prosecution. If  the statement of claim is not delivered within the 21 days required by letter, an application may be made by motion.  If within seven days of service of the notice, a claim is delivered and filed with a copy of the motion, the motion is struck out and a fixed payment of costs is made to the defendant. If the motion is listed, the court will have discretion as to whether to strike out proceedings or grant an extension of time, subject perhaps to a costs order.… Read the rest

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Payment into Court The defendant may at any time after he has entered an appearance and before the case is  set down for trial, or at any later time by leave of the Court, on notice to the claimant, pay into Court a sum of money in satisfaction of the claim. A defendant may once, without leave, and upon notice to the claimant, pay into Court an additional sum as an increase in the lodgement.  Notice must be given and payment made at least three months before the date on which the action is first listed for hearing.  The increased lodgement shall thereupon become the sum paid into Court. In actions for libel or slander, or where the defence raises questions of title to land, money may not be paid into Court unless liability is admitted in the defence. Where money is paid into Court in satisfaction of one or more of several claims, the notice shall specify the claims in respect of which payment is made, and the sum paid in respect of each, unless the Court otherwise orders.… Read the rest

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Lodgements and Settlements. The vast majority of cases commenced in the court system are settled without resort to trial.  Many cases are settled without commencement of proceedings at all.  The law encourages the settlements of cases. The party’s legal advisors should be in a position to assess the relative merits of the case.  In a settlement, each party is likely to do less well  he would ideally want, but better than he would do if he lost the claim following a trial. The rules of court allow for an offer made by a defendant.  If an offer is made and the plaintiff fails to be awarded more than this amount in the ultimate trial, he is usually liable for both parties’ costs from the date of the lodgement.  In this case, he is said to fail to beat the lodgement. The rules of court provide formal procedures for payment of money into court on notice to the plaintiff.… Read the rest

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Preservation of Position Where by any contract, a prima facie case of liability is established and there is alleged as matter of defence, a right to be relieved wholly or partly of such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation or may order that the amount in dispute be brought into Court or otherwise secured. Where an application shall be made before trial for an injunction or other order, and on the opening of such application, or at any time during its hearing, it shall appear to the Court that the matter in controversy is one which can be most conveniently dealt with by an early trial, then without first going into the merits on affidavit or other evidence, the Court may make an order for such trial. The Court on the application of any party to a matter, may make an order for the sale, by any person named in such order and in such manner and on such terms as the Courts thinks desirable of any goods, wares, merchandise which may be of a perishable nature or liable to injury from keeping or which for any other just and sufficient reason, it may be desirable to have sold at once.… Read the rest

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Request First Required An application for an order of discovery shall not be made unless the applicant for the same has previously requested by letter, that discovery be made voluntarily,  a reasonable period of time for such discovery has been allowed and the party requested has failed, refused or neglected to make such discovery or ignored such request. In a case where by reason of the urgency of the matter, the consent of the parties, the nature of the case or other circumstances which the Court considers appropriate, the Court may make such order as appears proper, without the necessity for such prior application in writing.  Discovery sought and agreed between the parties or any other person shall subject to the below, be made in like manner and form and have such effect as if directed by order of the Court. In any case, in which discovery has been sought and agreed and has not been made within the time agreed, the party who has sought the same may make an application based on failure to provide discovery.… Read the rest

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Production of Documents The Court may at any time during pendency of an action, order the production by any party on oath, of such of the documents in his possession or power, relating to any matter in question or cause, as the Court shall think fit.  A Court may deal with such documents, when produced, in such manner as shall appear just. Every party to a matter shall be entitled by a notice in writing, to give notice to another party, in whose pleadings or affidavit or list of documents, reference is made to any document, to produce such document for inspection by or on behalf of the party giving notice or his solicitor and to permit copies thereof, to be taken. Any party not complying with such notice shall not afterwards be at liberty to put such document in evidence on his behalf in such matter, unless he shall satisfy the Court that such document relates only to his title, where he as a defendant in the matter or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice. … Read the rest

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General Case Management The case management provisions were extended to most classes of High Court  proceedings in 2016. They apply to any proceedings in the Chancery List or the Non-Jury List of the Court and  any other proceedings which the President of the High Court has designated. The 2016 rules do not apply to proceedings admitted to the Commercial List and Competition List which are already subject to case management provisions They do not apply to personal injuries actions and jury actions. Personal inject actions are subject to separate management and control provisions. Power to Give Directions A Judge may, at any time and from time to time, of that Judge’s own motion and having heard the parties, or on the application of a party by motion on notice to the other party or parties, give such directions and make such orders, including the fixing of time limits, for the conduct of proceedings, as appears convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.… Read the rest

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Pre-trial Conferences Where no case management order has been made in proceedings, the proceedings shall, on being set down for trial, be listed by the Registrar before the List Judge, or such Judge as the List Judge with the approval of the President of the High Court may nominate, for a pre-trial conference. Where a case management order has been made in proceedings, the Judge chairing the case management conference shall fix a date for a pre-trial conference once all orders made or directions given in the course of the case management conference have been complied with. The List Judge may dispense with the requirement of a pre-trial conference in proceedings where satisfied that, because the significant issues in the proceedings are sufficiently clear and the proceedings are otherwise ready for trial, the proceedings do not require a pre-trial conference. The Conference Each party shall, in consultation with their respective counsel, complete and lodge with the Registrar not later than four clear days before the date fixed for the pre-trial conference a pre-trial questionnaire, which shall be in the prescribed form, with such modifications as are necessary.… Read the rest

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