Every application must have a word format copy of the draft order so that it can if necessary be amended before sealing.Any order proposing to amend a procedural timetable must be accompanied by a note of the trial date or application hearing date if already fixed and confirmation that the amendment will not affect the trial date or any fixed hearing date (including a PTR).The Court will not make an order providing that the parties can enforce its terms on an application without checking whether all the terms make that appropriate. All Tomlin orders must include the relevant schedule notwithstanding any confidentiality.This applies to many consent order applications but few currently fulfil it. A copy of every relevant previous order must be included.It is hoped that the labels currently available are sufficient to enable this to be done efficiently, but if practitioners have further suggestions they will be welcome. If one wants to look at a witness statement or particular order, for example, it is particularly time consuming to have to open a series of documents labelled miscellaneous in order to find it. Currently there is a prevalent practice of erroneous labelling or simply using “miscellaneous” in place of the correct label. The constituent documents must be properly labelled, so that they can quickly be identified.This applies to applications for consent orders as well as to without notice applications. If the application requires reading a document which has already been filed, such as a witness statement, it must be refiled as part of the application. Where appropriate there should be a short letter explaining the reasons for the application or its context. What is required is a single filing of all the material which it is necessary for the Judge to read in order to decide the application.In particular paragraphs F4.1 (without hearing applications generally), F9.1 (consent orders), D19.5 (Tomlin Orders) and D19.6 (discontinuance) are regularly being ignored. There is widespread non-compliance with the Commercial Court Guide.
The Judges have to deal with many dozens of such applications each week.
The practice in relation to filing applications on CE File which are intended to be dealt with without a hearing is causing a huge waste of time for the judges dealing with them and for the staff supporting them.
Lord Chief Justice: Judicial Equality and Diversity Statement.Judicial Diversity and Inclusion Strategy 2020/25.Diversity and Community Relations Judges.The judiciary, the government and the constitution.
0 kommentar(er)
