PRACTICE DIRECTION– 7.1
COURT OF FIRST INSTANCE – CIVIL LISTING
A Running and Fixture Lists
1. Every action commenced by ordinary writ of summons, other than an action entered in or transferred to the Commercial List, the Construction and Arbitration List will be assigned to either the Running List or the Fixture List and shall be set down accordingly.
2. Cases with an estimated length of trial of 3 days or less will be assigned to and set down in the Running List.
3. An action will only be assigned to the Fixture List where the Master or Judge is satisfied that by reason of the estimated length of trial or for other good cause the action is appropriate to that List.
4. The Running List
(1) On the last day of each month those actions which are expected to be tried during the next succeeding month will be listed on the notice board at the reception area of the Clerk of Court’s Office, Ground Floor, High Court – the Pending List.
(2) Each Wednesday those actions on the Pending List which are expected to be tried during the next succeeding week will be extracted from the Pending List and put in another list – the Warned List.
(3) Actions on the Warned List will be taken out for hearing in the order in which they appear in so far as this is possible having regard to the estimated length of trial and the availability of Judges.
(4) Copies of the Warned List will be faxed and sent by ordinary post on the day it is published to the parties in each action listed thereon or their solicitors on the record; but it shall be the duty of every party or his solicitor instructed in any action on the Running List to keep note of its position therein and to be ready for trial in due course.
(5) Each day at 2.30 p.m., those actions which are to be heard the following day will be listed on the daily notice board outside the reception area of the Clerk of Court’s Office, Ground Floor, High Court.
(6) Solicitors or parties with a case in the Running List will be notified not later than 2:30 p.m. on the day preceding the first day of the hearing that their case will be heard. To facilitate notification, parties should leave with the Registry their telephone and fax number upon becoming unrepresented.
5. The Fixture List
(1) When granting leave to set down for trial in the Fixture List, the Master or Judge may fix the trial date or a trial period or direct the parties to attend before the Clerk of Court on a specified date to fix the date(s) for trial.
(2) Unless otherwise directed by the Court, the Clerk of Court will notify the parties to attend the Court on a specified date for the purpose of fixing dates for trial.
(3) An order that the date be fixed in consultation with counsel instructed or expected to be instructed for the hearing of any action does not bind the Court or the Clerk of Court to secure the agreement of such counsel. It requires the Court or the Clerk of Court only to give effect to their wishes so far as may be convenient to the court diaries, which shall have priority.
(4) Any cause or matter commenced other than by way of ordinary writ of summons will be treated as though it was an action assigned to the Fixture List and the above sub-paragraphs will apply accordingly.
6. Change of circumstances after leave is given to set down or setting down a case in the Running List
(1) A solicitor who applies to cease to act for a party in action after leave is given to set down or setting down the action in the Running List, has the duty of explaining to his client the operation of the Running List.
(2) Any party to an action may apply to transfer the action from one list to the other. Such application shall be made by summons to the Listing Master or the Listing Judge with not less than one clear day’s notice to all other parties to the action. The summons shall be supported by an affidavit setting out the matters on which the party making the application will seek to rely. No order will be made under this sub-paragraph in respect of an action already listed in the Warned List unless there are exceptional circumstances.
B Listing and Fixing of Dates
7. A Judge of the High Court has been appointed Listing Judge (civil). He will be in charge of the listing of civil causes in the Court of First Instance.
8. A Master of the High Court has been appointed Listing Master. He will perform such duties as shall be assigned to him by the Listing Judge.
9. The powers of the Listing Judge or Listing Master shall, when necessary, be exercised respectively by another Judge or Master.
10. The fixing of dates, either by a Judge or a Master, is an administrative function exercised under the direction of the Chief Justice in terms of the power granted to him by section 28(2) of the High Court Ordinance (Cap. 4). It is not a judicial function exercised in accordance with Rules of the High Court and accordingly the appeal procedures provided by those Rules are not applicable.
11. Applications for leave to set down civil causes for trial in either the Running List or the Fixture List shall generally be made at the Case Management Conference.
12. In appropriate cases, the Master or Judge granting leave to set down for trial may direct that the bundle lodged for Case Management Conference (“CMC bundle”) to stand as the setting down bundle for the purpose of Order 34, rule 3 of Rules of the High Court (Cap. 4A). In other cases, the provisions of Order 34, rule 3 must be complied with at the time of setting down an action for trial, and unless the bundle stipulated by the said Order has been lodged with the Registrar, the action will not be set down for trial.
13. Parties are reminded that the trial date is a milestone date under Order 25, rule 1B(8) and is immovable except in the most exceptional circumstances and for that purpose, for instance, late instructions from client, change in the team of lawyers, the absence of prejudice to the other party which cannot be compensated for by costs, will not be treated as exceptional circumstances.
14. Any application to vary the trial date shall be made by summons to the Listing Master or Listing Judge with supporting affidavit setting out the exceptional circumstances on which the party making the application will seek to rely. The Listing Master may in his absolute discretion refer any application to the Listing Judge.
15. In the event of the trial date being vacated by the trial Judge, new trial date(s) should not be fixed without reference to the Listing Judge or the Listing Master. No new dates should be arranged directly with the Clerk of Court.
C Commencement Date
16. This Practice Direction consolidates and supersedes the previous Practice Direction 5.1 on Listing and Refixing of Dates dated 1 December 2000 and the previous Practice Direction 7.1 on Actions by Writ – Running and Fixture Lists.
17. This Practice Direction shall come into effect on 2 April 2009.
Dated this 19th of March 2009.
| ( Andrew Li ) | |
| Chief Justice |
