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17.1
Encourage cooperation by the parties
There was general support for the first strategy mentioned in Proposal 30.
The
parties should be encouraged to agree a reasonable procedural scheme of their own to
and the associated discussion of timetabling and milestone dates.
As indicated above, the Working Party's recommendation is for the parties to
complete a questionnaire containing information about the case and proposals for the
directions to be given. Based on this questionnaire, on the summons for directions, the
court should map out the progress of the litigation up to and including commencement
of the trial. The parties are encouraged to put forward agreed directions and an agreed
timetable.
It is envisaged that these directions will in all cases include a date for a pre-trial
review and for the start of the trial or of a trial period (during which the trial is to
commence), these being treated as milestone dates. Where desirable, a preliminary
milestone date involving a case management conference may also be set. While
milestone dates are intended to be largely immovable, the parties are again encouraged
to cooperate by agreeing any needed variations to the directions and time-limits set on
the summons for directions without application to the court, provided that such
variations do not ultimately imperil the trial date or trial period.
Cooperation therefore involves first trying to reach agreement. But even where the
parties cannot agree, mutual cooperation is demanded in the management of
contentious issues, for instance, by arranging for all unresolved interlocutory questions
to be dealt with at the same hearing to keep costs down and to avoid proliferation of
interlocutory hearings. Where costs have unnecessarily been incurred due to one
party's unreasonable refusal to cooperate, this should be taken into account in making
relevant costs orders.
Notes
Including from the Bar Association, the BSCPI, the Law Society, two sets of barristers' chambers,
two firms of solicitors, the High Court masters, the District Court judges and two individual
respondents.
See Section 13 above.
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