Part 38 – Pre-Trial Review

Scope of this Part         

38.1

1. This Part deals with the pre-trial review which is to be held shortly before trial if the court so orders.

Direction for pre-trial review

38.2

1. At any case management conference and at any subsequent hearing in the claim other than the trial, the court must consider whether a pre-trial review should be held to enable the court to deal justly with the claim.
2. A party may apply for a direction that a pre-trial review be held.
3. An application for a pre-trial review must be made at least 60 days before the trial date or the beginning of any trial period fixed under rule 27.5(3).
4. The court office must give each party at least 14 days notice of the date, time and place for the pre-trial review.

Rules relating to case management conference to apply

38.3

1. Parts 25 and 26, where appropriate, apply to a pre-trial review as they do to a case management  conference.

Who is to conduct pre-trial review

38.4

1. Wherever practicable the pre-trial review is to be conducted by the trial judge.

Parties to prepare pre-trial memorandum

38.5

1. The parties must seek to agree on and file at the court office a pre-trial memorandum not less than 7 days before the pre-trial review.
2. If the parties are not able to agree on a memorandum, each party must file its own memorandum and serve a copy on all other parties not less than 3 days before the date fixed for the pre-trial review.
3. A pre-trial memorandum must contain –
   1. a concise statement of the nature of the proceedings;
   2. a statement of the issues to be determined at the trial;
   3. details of any admissions made; and
   4. the factual and legal contentions of the party or parties filing it.

Directions at pre-trial review

38.6

1. At the pre-trial review the judge must give directions as to the conduct of the trial in order to ensure the fair, expeditious and economic trial of the issues.
2. In particular, the court may –
   1. decide on the total time to be allowed for the trial;
   2. direct either party to provide further information to the other;
   3. direct how that time shall be allocated between the parties;
   4. direct the parties jointly to prepare one or more of –
      1. a core bundle of documents (that is, a bundle containing only the documents which the trial judge will need to pre-read or to which it will be necessary to refer repeatedly at the trial);
      2. an agreed statement of facts;
      3. an agreed statement of the basic technical, scientific or medical matters in issue;
      4. an agreed statement as to any relevant specialist area of law, which statement shall not be binding on the trial judge;
   5. direct when and by whom the documents should be filed at the court;
   6. direct whether or not there are to be any opening or closing addresses and the time to be allocated to each;
   7. give directions as to the extent to which evidence may be given in written form;
   8. give directions as to the procedure to be followed at the trial; and
   9. give directions for the filing by each party and service on all other parties of one or more of the following –
      1. a chronology of relevant events;
      2. a list of authorities which it is proposed to cite in support of those propositions;
      3. a skeleton argument; and
      4. a summary of any legal propositions to be relied on at the trial.