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New Practice Direction on Certificates of Readiness (HC75)

Notice and consultation is required for accurate Certificates of Readiness in non-jury and chancery actions.

Published:

Notice and consultation is required for accurate Certificates of Readiness in non-jury and chancery actions.

A Certificate of Readiness in the prescribed form must be completed and filed before a Non-Jury or Chancery case will be allotted a trial date. Since 9 April 2018, a party in non-jury or chancery proceedings, who desires to certify the proceedings as ready for trial and to seek a hearing date, shall give a month’s notice to the other parties of the intention to do so. During that period the parties must consult so as to ensure accurate completion of the Certificate of Readiness, particularly insofar as the duration of the trial is concerned.

A failure to provide an accurate certificate, particularly concerning the duration of the trial, or to cooperate in the aforementioned consultation process, may result in costs consequences for the parties regardless of the result of the action.

The Certificate of Readiness must be signed by Counsel (or, where Counsel is not briefed, by a solicitor, or by the certifying party if unrepresented) and filed in the Central Office prior to applying for a date for hearing. A filed copy of same must be furnished to the Court upon application for a hearing date on notice to the other parties.

Prescribed Form

The prescribed form is appended to Practice Direction HC75.

Litigation Committee