IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND [Court Division] [Title of Case] Directions given by [Name of the Master] On [Date]
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1 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND [Court Division] [Title of Case] Directions given by [Name of the Master] On [Date] WHEREAS this action is listed today for review before the Master, NOW UPON HEARING the respective parties, THE COURT DIRECTS that: Pleadings 1. The Plaintiff shall serve a Statement of Claim within weeks of the date hereof/date of service of this Order/on or before 2. Time for the Defendant to serve a defence is extended for a period of weeks from date hereof. In the event that the Defendant does not serve a defence within the time specified, the Plaintiff shall enter default judgment within 7 days. 3. The Plaintiff/ Defendant is granted leave under Order 20 Rule 5 of the Rules of the Court of Judicature to amend his Statement of Claim/Defence Such amendment is to be served within 28 days of the date hereof. 4. All parties shall complete any proposed amendment to the pleadings, including the statement of claim and defence, within days/weeks of the date hereof. 5. The shall serve replies to the Notice for Further and Better Particulars dated within days/weeks of the date hereof/date of service of this Order/on or before. 6. The Plaintiff s action shall be struck out, with judgment to the Defendant against the Plaintiff, with costs to be taxed in default of agreement unless, within days/weeks of the date hereof/date of service of this Order/on or before, the Plaintiff serves a statement of claim /in compliance with the order of the court dated
2 Disclosure 7. The shall serve a list of documents/verified by affidavit/ under Order 24 Rule 3 of the Rules of the Court of Judicature within days/weeks of the date hereof/date of service of this Order/on or before 8. The shall, within days/weeks of the date hereof/date of service of this order/on or before, swear an affidavit stating whether any document specified or described in is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power when he parted with it and what has become of it. 9. The Plaintiff shall within days/weeks of the date hereof disclose to the Defendant the Plaintiff s relevant General Practitioner s Notes and Records/ Hospital Notes and Records, including 10. The Plaintiff shall within days/weeks of the date hereof sign a form of consent allowing the access to his General Practitioner s Notes and Records/ Hospital Notes and Records, including 11. The shall within days/weeks of the date hereof, of the date of service of this order, provide answers on oath to the interrogatories by notice dated 12. The shall lodge any intended application for interrogatories within days/weeks from the date hereof. 13. The parties shall complete any outstanding issue of disclosure on or before. In the event of same not being completed on or before, it shall be the responsibility of a party alleging default to bring the matter before the court forthwith Inspection 14. The plaintiff shall within days/weeks of the date hereof/date of service of this order, on or before write to the Defendant requesting facilities for inspection by an engineer of, and the Defendant shall respond to such a request within 14 days indicating whether or not inspection facilities will be allowed. 15. In the event that a Defendant does not consent to inspection by an engineer following a request from the plaintiff, the plaintiff shall within 14 days from the date of refusal of consent, or if the defendant does not respond to its request, within 14 days of the date of the request, issue a summons for inspection facilities.
3 Evidence 16. The Plaintiff/ Defendant shall within days/weeks of the date hereof/date of service of this order/ on or before, commission a report by a Consultant Consultant surgeon Forensic Accountant Care Specialist And shall notify the plaintiff/ Defendant in writing of the date on which the said report was commissioned. 17. The parties shall ensure that there has been strict compliance with the provisions of Order 25 of the Rules of the Court of Judicature (NI) on or before. 18. Unless the parties otherwise agree in writing as to the number of witnesses that may be called, any application to increase the number of expert witnesses permitted under Order 38 must be made no later than 7 days before trial. 19. The parties shall give consideration to agreement of the medical evidence without the need for the experts to attend on or before Attention is drawn to Order 62 Rule 10A. 20. On or before the parties shall have give consideration to agreeing the: (a) (b) (c) (d) The report of any forensic accountant. The report of any care expert. The report of any consulting engineer. Any other expert report without the need for the witnesses to attend at the hearing. Attention is drawn to Order 62 Rule 10A. 21. All parties shall confirm to each other on or before that all medical evidence is up-todate and complete. In the event of same not being complete, the party in default shall set out and forward to the court and the other parties the precise date when it will be completed together with an explanation as to the delay. Legal Aid 22. The shall file an application for Legal Aid within days/weeks from the date hereof.
4 23. The Plaintiff/Defendant shall supply to the court on or before a chronology of all steps that have been taken to obtain legal aid in this case. All correspondence and telephonic memoranda should be appended to the chronology together with any explanation of delay General Interlocutory 24. The Defendant shall lodge any intended application for remittal within days/weeks from the date hereof/date of service of this order/on or before 25. All outstanding interlocutory applications in this matter shall be completed in strict compliance with the time limits prescribed in the Rules of the Court of Judicature (NI) and shall be completed not later than. For the removal of doubt, reference to interlocutory proceedings in this direction shall include references to amendment to the pleadings, preliminary issues, meanings applications, interrogatories, amendments, disclosure, notice for particulars, pleadings in general etc. 26. The Plaintiff s action shall be struck out, with judgment to the Defendant against the Plaintiff, with costs to be taxed in default of agreement unless, within days/weeks of the date hereof/date of service of this Order/on or before, the Plaintiff /in compliance with the order of the court dated 27. The Defendant s defence shall be struck out, with judgment to the Plaintiff against the Defendant, with costs to be taxed in default of agreement, and damages to be assessed by the master pursuant to Order 37, unless, within days/weeks of the date hereof/date of service of this Order/on or before, the Defendant /in compliance with the Order of the court dated (All unless orders shall be in accordance with the template provided with Masters Practice Note 1/2013 Unless orders.) 28. Time for the Plaintiff/ Defendant to,in compliance with the order of the court dated, is extended for a period of day/weeks from date hereof/date of service of this Order/until Medical Negligence 29. On the issue of liability, parties shall simultaneously exchange medical evidence on or before 30. The liability experts shall discuss the case either by meeting directly or by telephone link on or before
5 31. On the issue of value, parties shall commence the process of sequential exchange, in accordance with the rules, of: (a) (b) (c) (d) All relevant medical evidence. Any forensic accountant s report. Any care report. Any other expert report on or before The Plaintiff shall supply such reports on or before and the Defendant shall supply such reports on or before 32. In the event that Senior Counsel is to be retained, his/her directions must be in place no less than 16 weeks before the trial date. 33. Unless already listed for review by a judge, the action shall be listed for review before the Senior Queen s Bench Judge approximately 8 weeks before the date fixed for trial. 34. The action is listed for a day/week trial commencing General 35. The action shall be further reviewed by the Master on 36. The Plaintiff shall set the action down for trial within weeks/months from the date hereof/ on or before 37. Any extension of time for compliance with these directions must be sought from the court before the expiry of the prescribed time limit contained therein. 38. The Master Certifies for Counsel. [Name of Clerk] Proper Officer
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