The new practice directions set out by the President of the High Court represent a huge step forward for the management of clinical negligence claims and meets some of the proposed reforms that have been in the pipeline for many years.
These new directions will help to ensure a fairer system where the parties must be fully prepared before a hearing date is granted, with full exchange either having already being offered or already taken place. It will reduce the last-minute escalation of claims and should assist in the earlier resolution of claims.
The below sets out the steps that need to be completed before the Court will assign a hearing date and mediation must also be offered. These new directions will enable more structure and allow better management of clinical negligence cases.
High Court practice direction HC131 and HC132
The President of the High Court has issued two new practice directions regarding clinical negligence actions.
- The first, HC131, is in relation to applications for trial dates in clinical negligence actions.
- The second, HC132, establishes a dedicated clinical negligence list within the Dublin personal injuries list of the High Court. Both practice directions came into effect on 28 April 2025.
HC 131 - Applying for a Trial Date
Before making an application for a trial date, 28 days' notice must be provided all affected parties. Once the four conditions listed below are satisfied and a certificate of compliance is signed by the applicant or their solicitor, a trial date will be fixed:
- All aspects of the case must be clearly outlined and fully pleaded.
- Replies to particulars, full schedule of special damages, and supporting documents must be served before applying.
- If relying on expert reports for quantum, both sides must provide further details within six weeks of receiving their reports.
- Discovery must be complied with before serving the 28 days' notice.
- You must exchange, or offer to exchange, a full list of witnesses.
- All expert reports must be shared (or offered) to the other side, giving the opposing party a reasonable chance to do the same.
- An undertaken offering mediation within three weeks of the trial date being fixed and participating within six weeks of acceptance must be provided – unless the Court agrees mediation is not a suitable option.
Judicial discretion
One or more conditions may be waived, if a case is of manifest urgency, to allow for an early trial date, once the Court is satisfied that the urgency is genuine or there are exceptional circumstances.
Non-compliance
The Court may refuse an application if there is non-compliance. If any further particulars, reports or specials are served after the trial date is fixed, without leave of the Court, any affected party may apply for an adjournment.
The practice direction will apply to all clinical negligence proceedings before the High Court from the effective date, regardless of when proceedings commenced.
For any queries about the new practice directions, get in touch with our experts.
