PDSL8 The Equal Opportunities List

PRACTICE DIRECTION – SL8

THE EQUAL OPPORTUNITIES LIST

A       Preamble

1. This Practice Direction applies to all actions and proceedings (“EO Claims”) falling within the jurisdiction of the District Court under each relevant Ordinance as defined in the District Court Equal Opportunities Rules, Cap 336 sub leg G (“EO Rules”).

2. The aim of this Practice Direction is to simplify the procedure for adjudication of EO Claims, to improve the cost-effectiveness of the procedure by reducing the number of unnecessary interlocutory applications, and to reduce delay.

3. Although the Court will encourage parties to compromise their disputes, the primary function and objective of the Court should be the just resolution of disputes in accordance with the substantive rights of the parties.

4. The Court will be proactive in case management in accordance with the underlying objectives set out in Order 1A of the Rules of the District Court, Cap 336 sub leg H (“RDC”).  It is important for parties and their legal advisers to appreciate that efficient and cost effective resolution of disputes cannot be achieved without due diligence and cooperation on their part. 

B       Settlement Negotiation and/or Alternative Dispute Resolution (“ADR”)

5. One of the underlying objectives is to facilitate settlement of the disputes, and parties to EO Claims are encouraged to explore settlement by making bona fide attempts to engage in settlement negotiations and/or ADR at all stages of the proceedings.

6. In particular, unrepresented claimants are reminded that the Equal Opportunities Commission may be able to assist them to effect a settlement of the matter by conciliation after they have lodged a complaint to the Commission.[1]

7. If all parties are legally represented, they may adopt the procedure set out in Part B of Practice Direction 31 to attempt mediation by filing a consent order to that effect.

C       From Filing of Claim to First Hearing

8. A date for the First Hearing shall be given upon the filing of a notice of claim under rule 7 of EO Rules, which shall be not less than 8 weeks and not more than 12 weeks from the filing date and shall be indorsed on Form 2.

9. Upon being notified that service of Form 2 on the respondent by the Court has been unsuccessful, the claimant shall as soon as reasonably practicable apply under rule 20 of EO Rules for an order for the substituted service of the document so as not to disturb the First Hearing.

10. Parties should refrain from taking out any other interlocutory applications before the First Hearing, other than an application for:

(1) transfer of claim to the Labour Tribunal under rule 5 of EO Rules;

(2) leave to join an interested party under rule 12 of EO Rules;

(3) leave to amend a notice of claim or notice of response as the case may be; and/or

(4) judgment against the respondent under rule 13 of EO Rules in default of response,

which application shall be returnable at the First Hearing.

11. Parties should endeavour to reach agreement on directions for the further progress of the case(e.g. discovery, as automatic discovery under O.24, r.2 of the RDC will not apply) and actively consider what further interlocutory applications they will take out after the First Hearing.  If they are able to reach agreement, the claimant shallprocure and file a consent summons containing the agreed directions or timetable for the Court's consideration and approval.

12. Not less than 3 clear days before the First Hearing, each party shall file in court and serve on each other a Questionnaire in the form of Appendix A (“EO Questionnaire”).  They should give as much information as is required to enable the Court to give directions relating to the management of the case and to fix a timetable for the steps to be taken.

13. At the First Hearing, the Court will generally:

(1) review the steps taken by the parties;

(2) consider making an order in default under rule 13 or 14 of EO Rules as is appropriate;

(3) deal with any interlocutory application returnable at the hearing;

(4) ascertain the parties' attempt or intention to undergo settlement negotiation and/or ADR;

(5) assist the parties in framing the issue(s) in dispute and, in appropriate cases, frame the issue(s) for them;

(6)ensure as far as it can that all admissions that can be made and all agreements that can be reached between the parties are made/reached and recorded;

(7) consider if the more formal procedure set out in the RDC should be adopted (e.g. formal pleadings);

(8) assist the parties in definingtheir discovery obligations (e.g. limiting discovery to specified issues) and/or on the manner of their implementation (e.g. exchanging copy documents without the need to prepare lists of documents) with a view to achieving economies in respect of discovery;

(9) decide and fix a timetable for the steps which are to be taken by the parties to secure the progress of the case in accordance with the underlying objectives; and

(10) adjourn the case to a Case Management Conference (“CMC”)or fix the trial date with or without a Pre-trial Review (“PTR”).

14. For the avoidance of doubt, the First Hearing, a CMC, a PTR and the trial date are milestone dates which are immovable save in the most exceptional circumstances.

D       From First Hearing to Trial

15. The parties are expected to comply with the timetable laid down by the Court.  Unless sufficient grounds have been shown, the Court will not grant extension of time for compliance.  If it does, the grant of extension will most likely be on an unless order basis with self-executing sanctions.

16. Whilst there is generally no pleading in EO Claims, parties should exercise care in drafting their notice of claim or notice of response as the case may be and witness statements so as to include all material allegations and facts having regard to the issue(s) in dispute.

17. Where the Court decides to hold a CMC, the procedure set out in paragraphs 12 and 13 above will be repeated mutatis mutandis with a view to setting down the case for trial as soon as possible.

18. Unnecessary and disproportionate interlocutory applications should not be made and may be viewed by the Court as special circumstances warranting an award of costs against the applicant. 

19. If a trial date is sought, the parties should file and serve together with his EO Questionnaire a certificate (preferably by counsel who will handle the trial) giving time estimates (without taking into account the time estimates of other parties) of:

(1) his own opening submission;

(2) evidence-in-chief of each of his own witnesses;

(3) cross-examination of each of the other side’s witnesses; and

(4) his own closing submission.

20. Where the Court decides to hold a PTR, it will normally be held about 8 to 10 weeks before the trial date.  A PTR is generally dealt with by the trial judge and should be attended by the trial counsel. 

21. Not less than 3 clear days before the date fixed for a PTR, the claimant shall lodge with the Court a bundle containing a copy of the latest version of the notice of claim and the notice of response, any material court order (e.g. an order recording the issue(s) in dispute), witness statements and a draft index of the document bundle for trial.  Where possible, this bundle should be updated and re-used at the trial.

22. A PTR is not an extension of the First Hearing orCMC and the Court expects the case to be ready for trial.  Late interlocutory applications may be dismissed on the basis of delay alone.

23. At the PTR, the Court will consider giving further directions for the purpose of the trial (e.g. directions under Order 35, rule 3A of RDC) provided that such directions will not impinge upon the trial date.

24. The party setting a case down for trial must file with the Registry the form at Appendix B.

E       Commencement Date

25. This Practice Direction shall come into effect on 1 November 2014.

 Dated this 14^th of August 2014.