On April 9, 2025, the President of the High Court in Ireland, Mr Justice David Barniville, introduced two new Practice Directions for Clinical Negligence cases, designed to promote structured case management and encourage a timely resolution of claims.

 

Practice Direction HC132

Effective from 28^th April 2025, Practice Direction HC132 establishes a ‘Clinical Negligence List’ within the Dublin Personal Injuries list of the High Court. It applies to all clinical negligence proceedings, irrespective of when proceedings began. The list covers all stages of clinical negligence cases, including case management, trial date applications, interlocutory applications, hearings, and cost applications. However, motions, including ex parte applications, are excluded and will remain in the Monday common law motion list.

A ‘Judge in Charge’, experienced in clinical negligence proceedings, will manage the Clinical Negligence List, overseeing applications, case management, and interlocutory issues. The Judge may issue case management directions to ensure efficient preparation and fair resolution, including timetables for expert reports, mediation, witness statements, and other essential steps.

 

Practice Direction HC131

Practice Direction HC131, also effective from 28^th April 2025, outlines requirements in relation to applying for trial dates in clinical negligence cases. After the case has been set down for hearing, any party to a clinical negligence action may, on giving 28 days’ notice, apply for a date for Trial, provided the following conditions have been met

 

• Fully Pleaded Case: All aspects of the case must be fully detailed, including Particulars of Negligence, grounds of Defence, pleas regarding causation, contributary negligence and any required amendments to the Pleadings or Defence. All Replies to Particulars, Further Particulars of Personal Injuries or Special Damages, supporting vouching documentation (if required), and a final Schedule of Special Damages (if applicable) must have been delivered.

 

• Witness Schedule: A complete list of intended factual and expert witnesses must be exchanged.

 

• Expert Reports: Expert reports must be exchanged or offered for exchange, allowing opposing parties reasonable time for reciprocation.

 

• Mediation Undertaking: Speaking at a recent Alternative Dispute Resolution conference, Mr Justice Barniville, emphasised that mediation is a widely used and effective method for resolving medical negligence disputes. He noted that mediation is now almost always part of such cases due to its significant benefits. However, he pointed out that mediation often happens late in the proceedings, when parties are entrenched, and costs have already escalated. To address this issue, as a condition of applying for a trial date, the Practice Direction stipulates that applicants must offer mediation and engage constructively within specified timelines, unless it is proven to the Court that mediation will not aid settlement. The aim is to strike a balance by facilitating earlier mediation without adding unnecessary litigation costs.

 

Additional points to note are that the Court retains discretion to assess compliance and grant early trial dates in urgent cases, provided urgency is genuine and/or exceptional circumstances are proven, with no undue prejudice being caused to opposing parties. There are also sanctions for non-compliance with the Practice Direction, which can result in refusal of trial date applications, adjournments, or cost orders. It is also important to be aware that further submissions of Particulars or service of additional expert reports after fixing a trial date will require the Court’s consent for an adjournment of the trial or the grant of a further Order as required.

 

 

The introduction of a dedicated Clinical Negligence List aims to streamline case management and focus on efficient resolution of claims, preventing “trial by ambush.” It ensures proper preparation for trials and supports earlier resolution by way of mediation undertakings. These Practice Directions are a notable development in clinical negligence litigation and there is no doubt it will be welcomed by both parties but particularly by Defendant representatives practising in this complex area.

 

For legal guidance and advice regarding medical negligence, please contact Kevin Hegarty or any member of our Healthcare team.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.