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Queen's Bench Guide


9. Listing before Judges

9.1 Responsibility for Listing:

9.1.1  At the Case Management Conference hearing the Master will give a period of between one and three months within which the Clerk of the Lists is to arrange the trial.  This is known as the “trial window”.  It should normally start on a Monday.  The parties (usually counsel's clerks) attend before the Queen's Bench Listing Officer to agree a “trial period”, usually a 3 day period, within which the trial will commence.  A Master will not generally order a trial fixture without first consulting the Listing Officer.

9.1.2 The Clerk of the Lists (Room WG3, Royal Courts of Justice) is in general responsible for listing. All applications relating to listing should in the first instance be made to him. Any party dissatisfied with any decision of the Clerk of the Lists may, on one day's notice to all other parties, apply to the Judge in charge of the List.

9.1.3 The application should be made within 7 days of the decision of the Clerk of the Lists and should be arranged through the Queen's Bench Listing Office, Room WG5.

9.2 The Lists:

9.2 There are three Lists, namely;

  1. the Jury List
  2. the Trial List, and
  3. the Interim Hearings List.

The Lists are described below.

9.3 The Jury List:

9.3.1 Claims for damages for libel and slander (defamation), fraud, malicious prosecution and false imprisonment will be tried by a Judge and jury unless the court orders trial by a Judge alone.

9.3.2 Where a claim is being tried by a Judge and jury it is vitally important that the jury should not suffer hardship and inconvenience by having been misled by an incorrect time estimate. It is therefore essential that time estimates given to the court are accurate and realistic.

9.3.3 Dates for the trial of substantial claims will be fixed by the Listing Office within the trial window after consideration of the parties' views. In such cases the Listing Office may, in addition, impose an alternative reserve date several weeks or months in advance of the trial date, in an endeavour to dispose of claims more quickly and to fill gaps in the List created by frequent settlements. When a reserve date is so allocated a "cut off" date will be stated by the Clerk of the Lists again, after consideration of any views expressed by the parties and having regard to the complexity of the claim and the commitments of counsel and expert witnesses. On the cut off date a decision will be made by the Clerk of the Lists to break or confirm the reserved date for trial.

9.3.4 If a party considers that s/he will suffer significant prejudice as the result of the decision of the Clerk of the Lists relating to either a reserved date or the cut off dates/he may apply to the Judge in charge of the Jury List for reversal or variation of the decision, as set out in paragraph 9.1.2 above.

9.3.5 Jury applications will enter the Interim Warned List not less than two weeks from the date the application notice is filed. Parties may "offer" a date for hearing the application within the week for which they are warned. Subject to court availability, the application will be listed on the offered date. Any application not reached on the offered date will return to the current Warned List and will be taken from that List as and when required.

9.3.6 Applications in defamation claims in respect of "meaning" (for an explanation of "meaning" see paragraph 4.1 of the Part 53 Practice Direction) may be listed in private on a specific day allocated for such matters.

9.3.7 Jury applications of length and/or complexity may be fixed by the same manner as set out in paragraph 9.3.6 above. (See the section below on The Trial List for general information about fixing trials).

9.3.8 Applications for directions and other applications within the Master's jurisdiction should firstly be made to a Master unless;

  1. a direction has been given for the arranging of a trial date, or
  2. a date has been fixed or a window given for the trial.

Interim applications made after (1) or (2) above should be made to the Judge. The Master will use his/her discretion to refer a matter to the Judge ifs/he thinks it right to do so.

9.3.9 If a party believes that the Master is very likely to refer the application to the Judge, for example where there is a substantial application to strike out, the matter should first be referred to the Master or Practice Master on notice to the other parties without waiting for a private room appointment. The Master will then decide whether the application should be referred to the Judge.

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9.4 The Trial List:

9.4.1 This List consists of trials (other than Jury trials), preliminary questions or issues ordered to be tried and proceedings to commit for contempt of court.

9.4.2 The Royal Courts of Justice presents unique problems in terms of fixing trial dates. The number of Judges and Masters involved and their geographical location has caused, for the time being at least, a different approach to the fixing of trials in the Chancery and Queen's Bench Divisions.

9.4.3 The requirement of Judges to go on Circuit, sit in the Criminal Division of the Court of Appeal, deal with cases in the Administrative Court and other lists make it difficult to fix dates for trials before particular Judges. Accordingly the following will only apply to the Listing Offices in the Royal Courts of Justice.

9.4.4 At as early an interim stage as practicable, the court will give directions with a view to fixing the trial date, week, or other short period within which the trial is to begin (the trial window).

9.4.5 For that purpose the court may;

  1. direct that the trial do not begin earlier than a specified date calculated to provide enough time for the parties to complete any necessary preparations for trial, and/or
  2. direct that the trial date be within a specified period, and/or
  3. specify the trial date or window.

9.4.6 If directions under 9.4.5(1) or (2) are given the court will direct the parties to attend upon the Clerk of the Lists in Room WG5 in order to fix the trial date or trial window.

9.4.7 The claimant must, unless some other party agrees to do so, take out an appointment with the Clerk of the Lists within 7 days of obtaining the direction in paragraph 9.4.6 above. If an appointment is not taken out within the 7 days, the Listing Office will appoint a date for a listing hearing and give notice of the date to all parties.

9.4.8 At the listing hearing the Clerk of the Lists will take account, in so far as it is practical to do so, of any difficulties the parties may have as to availability of counsel, experts and witnesses. The Clerk of the Lists will, nevertheless, try to ensure the speedy disposal of the trial by arranging a firm trial date as soon as possible within the trial window or, as the case may be, after the "not before" date directed by the court under paragraph 8.4.5 above. If exceptionally it appears to the Clerk of the Lists at the listing hearing that a trial date cannot be provided within a trial window, s/he may fix the trial date outside the trial period at the first available date. (If a case summary has been prepared (see the Part 29 Practice Direction The Multi-track, paragraphs 5.6 and 5.7) the claimant must produce a copy at the listing hearing together with a copy of particulars of claim and any orders relevant to the fixing of the trial date.)

9.4.9 The Listing Office will notify the Masters' Support Unit of any trial date or trial window given. In accordance with Rule 29.2(3) notice will also be given to all the parties.

9.4.10 A party who wishes to appeal a date or window allocated by the Listing Officer must, within 7 days of the notification, make an application to the Judge nominated by each Division to hear such applications. The application notice should be filed in the Listing Office and served, giving one days notice, on the other parties.

9.5 The Interim Hearings List:

9.5.1 This List consists of interim applications, appeals and applications for judgment.

9.5.2 On each Thursday of Term and on such other days as may be appropriate, the Clerk of the Lists will publish a Warned List showing the matters in the Interim Hearings List that are liable to be heard in the following week. Any matters for which no date has been arranged will be liable to appear in the List for hearing with no warning save that given by the Cause List for the following day, posted each afternoon outside Room WG5.

9.5.3 Fixtures will only be given in exceptional circumstances. The parties may by agreement "offer" preferred dates for their matter to be heard, to be taken from the List on designated days, within the week following entry into the Warned List in accordance with Listing Office practice. Matters lasting less than a day are usually offered for two preferred consecutive days and matters lasting more than a day are usually offered for three preferred consecutive days.

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9.6 General:

9.6.1 In addition to the matters listed to be heard by individual Judges, the Daily Cause List for each day may list "unassigned cases". These are matters from the two Lists to be heard that day but not assigned to a particular Judge. If on any day a matter assigned to a particular Judge proves to be ineffective, s/he will hear an unassigned case. It is hoped that the great majority of unassigned cases will be heard on the day that they are listed but this cannot be absolutely guaranteed. Parties engaged in matters listed as unassigned should attend outside the court where the matter is listed. The Clerk of the Lists will notify them as soon as possible, which Judge is to hear the matter. It is not the practice to list cases as unassigned unless the parties consent and there are no witnesses.

9.6.2 Appeals from Masters' decisions will appear in the Interim Hearings List. The appeal notice (stamped with the appropriate fee) must be filed in Room WG7. On filing the appeal notice the solicitors should inform the Clerk of the Lists whether they intend to instruct counsel and, if so, the names of counsel.

9.7 Listing before the Interim Applications Judge:

9.7.1 All interim applications on notice to the Interim Applications Judge will initially be entered in a List for hearing. They will be listed for hearing in Room E101 or some other nominated venue on any day of the week. Any matter, which cannot be disposed of with within one hour, will not be taken on the date given for the listed hearing.

9.7.2 If the parties agree that a matter cannot be disposed of within one hour, the applicant/appellant;

  1. may, on filing the application notice/notice of appeal, seek to have the matter placed directly into the Interim Hearings Warned List, or
  2. must as soon as practicable and in any event not later than 24 hours before the hearing date, transfer the matter into the Interim Hearings List.

If the parties do not so agree, or agree less than 24 hours before the hearing date, the parties must attend on that date.

9.7.3 Matters in the Interim Hearings List will be listed by the Clerk of the Lists in Room WG3, and the parties will be notified by the Listing Office (Room WG5) of the date on which the matter will enter the Warned List. Matters in the Warned List may be listed for hearing at any time on or after that date.

9.7.4 In order to ensure that a complete set of papers in proper order is available for the Judge to read before the hearing, the parties must in advance of the hearing lodge in room WG4 a bundle, properly paginated in date order, and indexed, containing copies of the following documents;

  1. the application notice or notice of appeal,
  2. any statements of case,
  3. copies of all written evidence (together with copy exhibits) on which any party intends to rely, and
  4. any relevant order made in the proceedings.

9.7.5 The bundle should be agreed if possible. In all but simple cases a skeleton argument and, where that would be helpful, a chronology should also be lodged. (See paragraph 8.9.1 and 8.9.2 below in respect of skeleton arguments.)

9.7.6 Where a date for the hearing has been arranged the bundle must be lodged not later than 3 clear days before the fixed date. For application or appeals where there is no fixed date for hearing, the bundle must be lodged not later than 48 hours after the parties have been notified that the matter is to appear in the Warned List. (For information concerning trial bundles see the Part 39 Practice Direction.)

9.7.7 Except with the permission of the Judge no document may be used in evidence or relied on unless a copy of it has been included in the bundle referred to in paragraph 8.7.6 above. If any party seeks to rely on written evidence which has not been included in the bundle, that party should lodge the original (with copy exhibits) in Room WG5 in advance of the hearing, or otherwise with the Court Associate before the hearing commences.

9.7.8 In appeals from Circuit and District Judges the provisions of paragraphs 8.7.4, 8.7.5, 8.7.6 and 8.7.7 should be complied with. In addition, the notes (if any) of reasons given by the Circuit Judge or District Judge, prepared by the Judge, counsel or solicitors should be lodged.

9.7.9 Subject to the discretion of the Judge, any application or appeal normally made to the Interim Applications Judge may be made in the month of September. In the month of August, except with the permission of a Judge, only appeals in respect of orders;

  1. to set aside a claim form, or service of a claim form,
  2. to set aside judgment,
  3. for stay of execution,
  4. for any order by consent,
  5. for permission to enter judgment,
  6. for approval of settlements or for interim payment,
  7. for relief from forfeiture,
  8. for a charging order,
  9. for a Third Party Debt Order,
  10. for appointment or discharge of a receiver,
  11. for relief by way of High Court Enforcement Officer's interpleader,
  12. for transfer to a county court or for trial by Master, or
  13. for time where time is running in the month of August,

may be heard, and only applications of real urgency will be dealt with, for example, urgent applications in respect of injunctions, or for possession (under RSC O.113 in Schedule 1 to Part 50).

9.7.10 It is desirable, where this is practical, that application notices or appeal notices are submitted to the Practice Master or a Judge prior to the hearing of the application or appeal so that they can be marked "fit for August" or "fit for vacation". If they are so marked, then normally the Judge will be prepared to hear the application or appeal in August, if marked "fit for August" or in September if marked "fit for vacation". The application to a Judge to have the papers so marked should normally be made in writing, the application shortly setting out the nature of the application or appeal and the reasons why it should be dealt with in August or in September, as the case may be.

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9.8 The Lists generally:

9.8.1 Where a fixed date has been given it is the duty of the parties to keep the Clerk of the Lists fully informed as to the current position of the matter with regard to negotiations for settlement, whether all aspects of the claim are being proceeded with an estimate of the length of the hearing, and so on.

9.8.2 Applications for adjournments will not be granted except for the most cogent reasons. If an application is made because solicitors were unaware of the state of the List they may be ordered personally to pay the costs of the application.

9.8.3 A party who seeks to have a hearing before a Judge adjourned must inform the Clerk of the Lists of his/her application as soon as possible. Applications for an adjournment immediately before a hearing begins should be avoided as they take up valuable time, which could be used, for dealing with effective matters and, if successful, may result in court time being wasted.

9.8.4 If the application is made by agreement, the parties should, in writing, apply to the Clerk of the Lists who will consult the Judge nominated to deal with such matters. The Judge may grant the application on conditions that may include giving directions for a new hearing date.

9.8.5 If the application is opposed the applicant should apply to either the nominated Judge or the Judge to whom the matter has been allocated. A hearing should then be arranged through the Clerk of the Lists. A short summary of the reasons for the adjournment should be lodged with the Listing Office where possible by 10.30am on the day before the application is to be made. Formal written evidence is not normally required.

9.8.6 The applicant will be expected to show that s/he has conducted his/her own case diligently. Any party should take all reasonable steps;

  1. to ensure his/her case is adequately prepared in sufficient time to enable the hearing to proceed, and
  2. to prepare and serve any document (including any evidence) required to be served on any other party in sufficient time to enable that party also to be prepared.

9.8.7 If a party or his/her solicitor's failure to take reasonable steps necessitates an adjournment, the court may dismiss the application or make any other order including an order penalising the defaulting party in costs.

9.9 Listing Office - general matters:

9.9.1 To facilitate the efficient listing of proceedings, parties are reminded that skeleton arguments concisely summarising each party's submissions must be prepared and filed with the Listing Office;

  1. for trials, not less than 3 days before the trial, and
  2. for substantial applications or appeals, not later than 1 day before the hearing.

9.9.2 If it is anticipated that a Skeleton Argument will be filed late, a letter of explanation should accompany it which will be shown to the Judge before whom the trial or hearing is to take place.

9.9.3 For parties' information, the following targets for the disposal of matters in the Lists have been agreed as set out below:

Interim Hearings Warned List within 4 weeks

From date of fixing;

Trials under 5 days within 4 months

Trials over 5 but under 10 days within 6 months

Trials over 10 but under 20 days within 9 months

Trials over 20 days within 12 months.
 


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This page was last updated on 27 March 2007 10:24. Publications.
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