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Proposal 31
Rules should be adopted with a view to streamlining interlocutory applications including
rules which :-
Permit applications to be dealt with on paper and without a hearing.
Eliminate hearings before the master where the matter is contested and may be
likely to proceed on appeal to the judge in any event.
Make provision for dispensing with attendance and for use of modern means of
communication for hearings where costs may be saved.
All interlocutory applications (other than applications for relief against the implementation
of sanctions imposed by self-executing orders previously made and subject to special
arrangements being made for time summonses) should be placed before the master who may
either determine the application on the papers and without a hearing or to fix the summons
for hearing either directly before a judge in chambers or before a master.
Rules and practice directions should be issued, in respect of the setting of the timetable and
the filing of evidence, skeleton arguments and costs statements to enable the master to
exercise his discretion as aforesaid. A practice direction setting out an abbreviated procedure
for dealing with time summonses, allowing them to be dealt with promptly either on paper or
at a short hearing should be issued.
The Working Party recommends that the proposal for provision to be made for dispensing
with attendance at hearings through using telephone or video conferencing facilities should
not be pursued.
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