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13.8
Running List for trials
In the present system, cases are set down for trial either on the Running List or the
Fixture List.
All specialist list cases are fixtures. Otherwise, unless some reason
exists for doing otherwise (eg, where there are foreign witnesses), cases where the trial
is estimated to last for 6 days or less are placed on the Running List.
A case set
down for trial on the Running List is not given any trial date. Instead, parties have to
check the Running List as it is published to see how their case is progressing towards
trial
something which depends on how quickly or slowly the cases listed ahead of
their case are disposed of, either by trial or settlement.
(a)
At the end of each month, some Running List cases are promoted to what is
called the "Pending List", that is, cases which are expected to be tried during the
next succeeding month.
(b)
As the cases ahead of it are disposed of, the case comes into the "Warned List".
This is published each Wednesday, identifying those actions on the Pending List
which are expected to be tried during the next succeeding week.
(c)
If the estimates prove wrong and the list moves more slowly than expected, then
a case placed on the Pending List will not in fact come on during the next
succeeding month, or if on the Warned List, will not in fact come on during the
next succeeding week.
(d)
It is not until the case is actually listed for hearing on the following day,
something that occurs each day, not later than 4 pm, that the parties can be sure
that their trial is to come on for hearing.
Notes
PD 5.1.7. The Running List is divided into two parts, the first where trial is estimated to last for 3
days or less and the second, where trial is estimated to last from 4 to 6 days. Longer cases are placed
on the Fixture List.
The running of the Running List as described above is provided for by PD 7.1.3.
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