Wales and Cheshire Region Practice Direction

Back up or floating cases listed for trial

Cases that are suitable as floating cases will be identified at the Plea and Directions Hearing.

The listing officer will be instructed to list all floating cases which are listed for trial as available for trial in any court which is sitting that day at Cardiff or Newport. Such cases will not be listed before a specific court.

This will mean that counsel cannot accept instructions for the trial of floating cases which may preclude trials of floating cases taking place because of their commitments in a case which is listed before a specific court that day.

The number of floating cases listed each day will be determined by the listing officer after consultation with the Recorder of Cardiff and the Resident Judge at Newport.

Back up cases may only be listed with the specific approval of the Recorder of Cardiff or the Resident Judge at Newport; unless his specific direction is given, counsel cannot accept instructions for the back up trial which would preclude the transfer of a case to another court.

The listing officer will list the floating case with a 'not before' time. Arrangements should be made for witnesses to be contactable by telephone, or where this is impracticable or may result in a witness not attending, the witness should attend at Cardiff for the 'not before' time.

Floating cases will not be released from the day's list without being mentioned before the Recorder of Cardiff or the Resident Judge at Newport.

Once listed, cases will not be removed from the list by the listing officer without the approval of the Recorder of Cardiff or the Resident Judge at Newport.

In the absence of the Recorder of Cardiff or the Resident Judge at Newport, their functions may be discharged by any Circuit Judge nominated by them to perform their functions.

The Hon. Mr Justice Maurice Kay
The Hon. Mr Justice Thomas

26 November 1999

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