CASE PROGRESSION (GENERAL)
‘case progression’ means the preparation of proceedings for trial in accordance with the procedure under this Order;
‘case progression direction’ means a direction, given in respect of individual proceedings within a category referred to in sub-rule (2) and in accordance with rule 3(1), that such proceedings shall be subject to case progression.
(2) Subject to sub-rule (3), this Order shall apply to the following proceedings:
(c) any proceedings, not referred to at paragraph (a), which include a claim for specific performance or for damages for breach of contract in respect of the construction, extension, alteration or repair of a building or other structure;
(d) any other category of proceedings, or any other proceedings having or involving any characteristics, designated by the President of the Circuit Court as proceedings which may be subject to case progression, such designation to be published in such manner as the President of the Circuit Court shall direct.
(a) proceedings to which Order 59, rule 4(38) applies;
(b) proceedings to which Order 5B applies.
2. The purpose of case progression is to ensure that proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of the proceedings and that the time and other resources of the court are employed optimally.
(2) A case progression direction may be given where the County Registrar or the Judge (as the case may be) is satisfied that it would be appropriate to do so, having regard to the complexity of the proceedings, the number of issues or parties, the likely volume of evidence, or for other special reason, such reason to be specified in the order.
(a) the proceedings shall be listed before the County Registrar for case progression, whereupon the County Registrar shall issue a summons, in Form 8A of the Schedule of Forms, to the parties for a case progression hearing on such date as may be fixed by the County Registrar, giving not less than 21 days’ notice to the parties;
(b) the plaintiff or other party prosecuting the proceedings shall, not later than seven days prior to the case progression hearing, file in the office an indexed book of pleadings exchanged between the parties, and shall serve a copy of the index on the other party or parties.
(2) The purpose of the case progression hearing shall be to ensure that the proceedings are prepared for trial in the manner referred to in rule 2, and in particular that, as soon as may be in advance of the trial:
(c) any applications by notice for further particulars, accounts or documents and replies thereto, any admissions, or requests for admissions, notices to admit documents or facts and replies thereto, any affidavits made in pursuance of any notices to admit facts or documents, and any applications by letter for discovery and replies thereto are made, served or delivered, as the case may be; and
(a) shall establish what steps remain to be taken to prepare the case for trial, fix a timetable for the completion of preparation of the case for trial, and for that purpose adopt any timetable proposed by the parties if satisfied that it is reasonable;
(b) may make orders or give directions with respect to pleadings, the exchange between the parties of statements of issues, the identifying of issues in dispute between the parties, particulars, discovery, interrogatories, inspection of documents, inspection of real or personal property, commissions and examination of witnesses, or otherwise, which may be necessary or expedient;
(d) may make inquiries of the parties so as to ascertain the likely length of the trial and the arrangements, if any, for witnesses, information and communications technology (including video conferencing)and any other arrangements which require to be made for the trial;
(iii) considering any matter which the County Registrar or the Judge may direct them to consider, and require that such witnesses record in a memorandum to be jointly submitted by them to the County Registrar and delivered by them to the parties, particulars of the outcome of their consultations, within such time as the County Registrar shall specify, provided that any such outcome shall not be in any way binding on the parties.
(3) The County Registrar may adjourn a case progression hearing from time to time and from place to place as may be appropriate to enable any order made or direction given to be complied with or any act to be done or step to be taken in the proceedings to be done or taken, or so as to resume a case progression hearing after a matter has been referred to the court.
7. (1) The County Registrar at a case progression hearing, may on the application of any of the parties on notice or of his own motion, when he considers it appropriate and having regard to all the circumstances of the case, order that the proceedings or any issue therein be adjourned for such time, ordinarily not exceeding 28 days, as he considers appropriate and invite the parties to use conciliation, arbitration or another dispute resolution process, not including mediation, (each of which process is referred to in this sub-rule as “another ADR process”) to settle or determine the proceedings or issue.
(2) Where the parties decide to take a step referred to in sub-rule (1)—
(3) Where an order has been made under sub-rule (1)—
8. (a) Where the County Registrar concludes that there has been undue delay or default in complying with any order made or direction given by the court or by him, or with any requirement of these Rules, he may list the matter for hearing at the next sitting of the court or, after consultation with the appropriate County Registrar, cause the matter to be listed at the next sitting of the court at any venue within the Circuit.
(b) Where the County Registrar so concludes, he shall furnish a report to the court setting out the delay or default concerned. Such report shall be in Form 8B of the Schedule of Forms.
9. The solicitors appearing for each of the parties or, where a party is not represented by a solicitor, the party himself, shall attend the case progression hearing and any adjournment thereof. Where the County Registrar considers it necessary or desirable, he may direct that a party attend the hearing notwithstanding the fact that the party may be represented by a solicitor.
10. (1) Each representative of a party attending the case progression hearing shall ensure that he is sufficiently familiar with the proceedings and has authority from the party he represents to deal with any matters that are likely to be dealt with.
(2) Where a party is represented by counsel such counsel may attend the case progression hearing, but the fees of counsel for either party for attending the case progression hearing will be allowed in the taxation and measurement of costs only where the County Registrar so certifies.
(2) The County Registrar may tax and measure any such costs, and may, where the court so directs, tax and measure any solicitor and client costs incurred in connection with a case progression hearing.
(4) Where it appears to the County Registrar that a case progression hearing cannot conveniently proceed, or it appears to the court that a case progression hearing could not conveniently proceed by reason of the failure of a party to be prepared for such hearing or, by reason of the default of any party in complying with any order or direction of the County Registrar, the County Registrar or, as the case may be, the court, may award costs against such party, or may disallow the costs of such party, as the case may be.