Practice Direction · Current version
Part IV: Case Management and Court Alternative Dispute Resolution
The text
Part IV: CASE MANAGEMENT AND COURT ALTERNATIVE DISPUTE RESOLUTION For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.
Part IV: CASE MANAGEMENT AND COURT ALTERNATIVE DISPUTE RESOLUTION 34.Overview of case management and court dispute resolution frameworks for civil cases Presumption of Alternative Dispute Resolution for all civil claims 35. The SMCL Process Scope of the SMCL Process First SMCL CC Subsequent SMCL CCs General provisions for procedure of SMCL CCs 36. Civil Simplified Process Scope of Order 65 of the Rules of Court 2021 Upfront Production of Documents CCs under the Civil Simplified Process case management framework (“Civil Simplified CC”) General provisions for Civil Simplified CCs 37. General Process Scope of the General Process General Process CCs and SAPT General provisions for General Process CCs 38. Overview of the Court Dispute Resolution case management process (CDR Process) and the use of Court Alternative Dispute Resolution (Court ADR) modalities for civil cases Court Dispute Resolution process for personal injury claims, non-injury motor accident claims, medical negligence claims and claims in negligence Court ADR Modalities 39. Personal Injury Claims and Non-injury Motor Accident (“NIMA”) Claims Compliance with pre-action protocol Duty to comply Court Dispute Resolution Case Conferences for all personal injury claims and NIMA claims First CDR CC Subsequent CDR CCs Request for adjournment of CDR CC Sanction for absence of parties Recording of terms of settlement agreement, consent judgment or consent judgment Benchmark rates for cost of rental and loss of use 40. Medical Negligence Claims Compliance with Protocol for Medical Negligence Claims Court Dispute Resolution Case Conferences for medical negligence claims First CDR CC Subsequent CDR CCs Request for adjournment of CDR CC Sanction for absence of parties Recording of terms of settlement agreement, consent judgment or consent judgment 41. Claims in negligence (excluding medical negligence, personal injury and non-injury motor accident (“NIMA”) claims) Court Dispute Resolution Case Conferences for all claims in negligence First CDR CC&x20; Subsequent CDR CCs&x20; Request for adjournment of CDR CC Sanction for absence of parties Recording of terms of settlement agreement, consent judgment or consent judgment 42. Mediation Opening statements Attendance at mediation Mediators Procedure at Mediation 43. Conciliation Opening statements Attendance at conciliation Procedure at Conciliation 44. Neutral Evaluation Preliminary conference with solicitors Opening Statements Attendance at Neutral Evaluation Procedure in Neutral Evaluation 45. Assessment of Damages and Taking of Accounts Convening of Assessment of Damages Case Conference Convening of Assessment of Damages Court Dispute Resolution Case Conferences Conduct of ADCDR CCs Fixing of Assessment of Damages Hearings 46. Adjournment or vacation of hearings Trials Hearings (other than trials) and Tribunal / Simplified POHA Proceedings 47. Absence of parties and mode of hearing 48. Applications in pending cases Request for approval to file further application “Documents-only” hearing of specified categories of civil applications Applications to be added as party 49. Consolidated, transferred or converted cases in civil proceedings 50. Filing of Distinct Applications in Separate Summonses 51. Giving of security by receiver
34. Overview of case management and court dispute resolution frameworks for civil cases Under the Rules of Court 2021, a Case Conference (“CC”) will be fixed for all Originating Claims. CCs will typically be convened around 7 weeks after a Defence is filed in the action, but the Court retains the discretion to convene a CC earlier or later as it deems necessary.
34. Overview of case management and court dispute resolution frameworks for civil cases Once a CC has been fixed, a notice will be sent to the claimant and any other party who has filed a notice of intention to contest or not contest and/or a Defence, informing them of the date of the CC, as well as which of the four following case management frameworks applies to the proceedings, namely:
34. Overview of case management and court dispute resolution frameworks for civil cases the Specially Managed Civil List (“SMCL”); (b) the Civil Simplified Process (“Civil Simplified Process”); (c) the General Process (“General Process”); or (d) the Court Dispute Resolution (“CDR”) process at the Court Dispute Resolution Cluster (“CDRC”).
34. Overview of case management and court dispute resolution frameworks for civil cases This Part of the Practice Directions sets out the provisions relating to the abovementioned frameworks, as follows:
34. Overview of case management and court dispute resolution frameworks for civil cases The provisions pertaining to matters undergoing the SMCL process are provided for in Practice Direction 35. (b) The provisions pertaining to matters undergoing the Civil Simplified Process are provided for in Practice Direction 36. (c) The provisions pertaining to matters undergoing the General Process are provided for in Practice Direction 37. (d) The provisions pertaining to matters undergoing the CDR Process are provided for in Practice Directions 38 to 41.
34. Overview of case management and court dispute resolution frameworks for civil cases Where, at any CC or other hearing, the Court orders the production of documents, or where production is required by Orders 11 and 65 of the Rules of Court 2021, parties are to utilise Form 1 of Appendix A1 to these Practice Directions.
34. Overview of case management and court dispute resolution frameworks for civil cases Presumption of Alternative Dispute Resolution for all civil claims
34. Overview of case management and court dispute resolution frameworks for civil cases A “presumption of Alternative Dispute Resolution” applies to all civil claims filed in the State Courts. For this purpose, the Court may refer appropriate matters for parties to attempt the amicable resolution of disputes through one of the Court alternative dispute resolution modalities (“Court ADR modalities”) during a CC.
34. Overview of case management and court dispute resolution frameworks for civil cases As the use of Court ADR modalities gives parties the opportunity to resolve their disputes faster and more economically compared to determination at trial, parties who wish to undergo Court ADR at an earlier stage must file a request using Form 2 of Appendix A1 to these Practice Directions.
34. Overview of case management and court dispute resolution frameworks for civil cases The provisions pertaining to matters undergoing Court ADR modalities are provided for in Practice Directions 38, 42 to 44.
34. Overview of case management and court dispute resolution frameworks for civil cases Where the Court is of the view that an ADR (including Court ADR) process is suitable, and the party/parties have opted out of the ADR process for reasons deemed to be unsatisfactory, this conduct may be taken into account by the Court when making subsequent costs orders pursuant to Order 21, Rule 2(2)(a) of the Rules of Court 2021, which states:
34. Overview of case management and court dispute resolution frameworks for civil cases “In exercising its power to fix or assess costs, the Court must have regard to all relevant circumstances, including —
efforts made by the parties at amicable resolution;”
34. Overview of case management and court dispute resolution frameworks for civil cases Notwithstanding any provision of these Practice Directions, the Court may, in its discretion, direct parties to attend a CC in such manner and at such time as it deems fit.
34. Overview of case management and court dispute resolution frameworks for civil cases If the Court orders a party to submit a sealed document setting out the party’s reasons for refusing to attempt ADR pursuant to Order 5, Rule 3(3) of the Rules of Court 2021, the party is to file the sealed document through the Electronic Filing Service into the case file under “ADR Sealed Document” within 7 days from the date of the Court order, unless the Court otherwise directs. The “ADR Sealed Document” does not need to be served on the other party or parties to the case.
34. Overview of case management and court dispute resolution frameworks for civil cases The “ADR Sealed Document” will be sealed upon acceptance by the Registry. Apart from the filing party, the “ADR Sealed Document” will not be available for inspection by any other party or the Court, until the issue of the costs of the action is to be considered.
35. The SMCL Process Scope of the SMCL Process
35. The SMCL Process The Specially Managed Civil List (“SMCL”) comprises cases which would benefit from a dedicated and rigorous pre-trial management process in order to bring about an expeditious resolution of the dispute. These cases will be tracked by a docketed team of judicial officers who will deal with all the pre-trial applications and give directions to facilitate the timely disposal of the dispute.
35. The SMCL Process Civil claims exceeding $150,000 in the following categories are included in the SMCL:
35. The SMCL Process Banking; (b) Corporate Finance; (c) Company Law; (d) Intellectual Property; (e) Securities; (f) Equity and Trust; (g) Construction Disputes; and (h) Consolidated suits where the total claim exceeds $150,000.
35. The SMCL Process In addition to paragraph (2) above, civil claims in the following categories are also included in the SMCL:
35. The SMCL Process District Court cases concerning representative proceedings under Order 4, Rule 6 of the Rules of Court 2021; and (b) any case deemed suitable for the SMCL at the discretion of the Court or on the application of parties.
35. The SMCL Process First SMCL CC
35. The SMCL Process Subject to the discretion of the Court, where an action has been identified for inclusion in the SMCL:
35. The SMCL Process The first SMCL Case Conference (“CC”) will be fixed around 7 weeks from the date that the Defence was filed. (b) An SMCL Notice will be issued to the claimant and any other party who has filed a notice of intention to contest and/or Defence notifying parties that the case has been identified for the SMCL, of the date of the first SMCL CC, and directing parties to provide to the Court within a prescribed time: (i) an update on the progress of the matter including attempts at amicable resolution; and (ii) a list of directions sought, including the timeframe for each direction. (c) The SMCL Notice may also include further directions from the Court, for example, for construction disputes, parties will be directed to provide a Scott Schedule setting out the respective parties’ positions on each item of claim. (d) Where both parties are represented, a SMCL CC will be fixed to be conducted on a “documents-only” basis. Where at least one party is unrepresented, a physical SMCL CC will be fixed.
35. The SMCL Process Subsequent SMCL CCs
35. The SMCL Process The Court may, at any SMCL CC, give directions for parties to file and serve the Single Application Pending Trial pursuant to Order 9, Rule 9 of the Rules of Court 2021 (“SAPT”) and/or give any directions in respect of other stand-alone applications at the SMCL CC.
35. The SMCL Process Further SMCL CCs may be fixed as the Court deems fit or on application by parties.
35. The SMCL Process Where a party intends to file any application (other than one directed at a CC and any application set out in Order 9, Rule 9(7)(a) to (o) of the Rules of Court 2021), the Court’s approval to file such applications must be sought by filing a “Request for Permission to file Application”, copied to all other parties, in accordance with Practice Direction 48(5). Where parties are of the view that it would be more appropriate for submissions to be made at a physical or remote CC, a “Request for Case Conference” may be filed in lieu of the “Request for Permission to file Application”. The “Request for Case Conference” should set out the reasons why the request for the Court’s approval to file further applications cannot or should not be dealt with asynchronously.
35. The SMCL Process Where parties indicate at the CC that they will not be filing any SAPT but parties subsequently decide to file an SAPT, parties are to file a “Request for Permission to file Application” to inform the Court of their intention and to seek directions for the filing of the SAPT.
35. The SMCL Process If parties wish to extend or vary timelines previously directed by the Court, parties should seek these directions from the Court at the SMCL CC, subject to Practice Directions 48(9)(e) and (g) read with Practice Directions 48(11) to 48(13).
35. The SMCL Process Where the action is not disposed of by the Court or settled or otherwise resolved through the actions of the parties, the Court will at an appropriate stage give directions for the matter to be set down for trial. If the matter is set down by the date fixed by the Court, the matter will be fixed for a Pre-Trial CC and any outstanding SMCL CC will be vacated. Where the matter has been set down, parties should seek extended timelines and/or permission to file any further applications at the SMCL CC or from the trial judge if one has been allocated.
35. The SMCL Process General provisions for procedure of SMCL CCs
35. The SMCL Process Where appropriate, the Court may at any SMCL CC refer the case to Court alternative dispute resolution (“Court ADR”) or allow time for parties to engage in any other appropriate ADR process.
35. The SMCL Process As far as possible, parties are to agree on the directions that they are seeking from the Court prior to any SMCL CC. If parties are unable to agree, they are to inform the Court of the items of disagreement and submit on their respective positions on each item at the SMCL CC.
35. The SMCL Process A party who fails to comply with the directions given and is seeking an extension of time to comply, shall inform the Court of:
35. The SMCL Process the reasons for the directions not having been complied with and for seeking an extension of time; and (b) whether the other party is agreeable to the extension of time sought.
35. The SMCL Process If any party fails to provide the status update or list of directions sought or fails to comply with the Court’s directions, the Court may proceed to give the necessary directions to the parties, to facilitate the progress of the case.
35. The SMCL Process All updates and requests for directions by the parties, as well as directions given by the Court, shall be communicated to and by the Court through the Electronic Filing Service, unless the Court determines that it is necessary for the parties or their counsel to attend Court for such directions to be dealt with.
35. The SMCL Process If interlocutory judgment is entered for damages to be assessed, a further SMCL CC will be fixed around 3 weeks after the date judgment is entered. A fresh SMCL CC Notice will be issued to the claimant and any party against whom the interlocutory judgment has been entered (if that party has filed a notice of intention to contest and/or Defence), notifying parties of the date of the CC, and directing parties to file the necessary documents and take the necessary steps within a prescribed time for directions to be given to move the matter towards settlement or an Assessment of Damages hearing.
36. Civil Simplified Process Scope of Order 65 of the Rules of Court 2021
36. Civil Simplified Process All Originating Claims filed in the Magistrate's Court on or after 1 April 2022 are subject to Order 65 of the Rules of Court 2021. Where parties to Originating Claims filed in the District Courts ("DC") on or after 1 April 2022 consent for Order 65 to apply to those proceedings by filing Form 3 of Appendix A1 to these Practice Directions, those proceedings will also be subject to Order 65 upon the filing of Form 3.
36. Civil Simplified Process In respect of Originating Claims filed in the DC on or after 1 December 2023, parties are required to, at the time of filing of the Originating Claim or Notice of Intention to Contest (as the case may be), specifically indicate, via the Electronic Filing Service, if they do not intend for Order 65 to apply to those proceedings, unless those proceedings have been identified for inclusion in the Specially Managed Civil List. Parties who do not indicate as such will be required to file the consent pursuant to Order 65, Rule 1(2).
36. Civil Simplified Process Upfront Production of Documents
36. Civil Simplified Process Where copies of documents to be provided together with pleadings, pursuant to Order 65, Rule 2 of the Rules of Court 2021, are voluminous, parties are encouraged to consider supplying the documents in a common electronic format and using storage media that the other party can use.
36. Civil Simplified Process CCs under the Civil Simplified Process case management framework (“Civil Simplified CC”)
36. Civil Simplified Process The provisions relating to the Civil Simplified Process case management framework set out below in this Practice Direction apply to all cases in paragraphs (1) and (1A), save for:
36. Civil Simplified Process Personal injury claims; (b) Non-injury motor accident claims; (c) Claims in negligence (including professional negligence claims); and (d) Medical negligence claims.
36. Civil Simplified Process The Court Dispute Resolution case management process under Practice Directions 38 to 41 will apply to the proceedings referred to in paragraph (2A)(a) to (d).
36. Civil Simplified Process Before the first Civil Simplified CC
36. Civil Simplified Process Subject to the discretion of the Court, where a case is identified for the Civil Simplified Process case management framework:
36. Civil Simplified Process A first Civil Simplified CC will be fixed around 7 weeks from the date that the Defence was filed. (b) A Civil Simplified CC Notice will be issued to the claimant and any other party who has filed a notice of intention to contest and/or Defence notifying parties that the case has been identified for the Civil Simplified Process, of the date of the first Civil Simplified CC, and directing parties to file the necessary documents and take the necessary steps within a prescribed time for the purposes of the Civil Simplified CC. (c) Where both parties are represented, a Civil Simplified CC will be fixed to be conducted by remote hearing via video conferencing. Where at least one party is unrepresented, a physical Civil Simplified CC will be fixed.
36. Civil Simplified Process Parties should, 7 days prior to the first Civil Simplified CC:
36. Civil Simplified Process in addition to the requirements set out in Order 5, Rule 1(2) of the Rules of Court 2021, exchange proposals in writing using Form 4 of Appendix A1 to these Practice Directions on a “without prejudice save as to costs” basis for the amicable resolution of the matter; (b) file through the Electronic Filing Service: (i) Form 5 of Appendix A1 to these Practice Directions stating the list of issues in the dispute and the list of witnesses they intend to call in support of their case; (ii) the Court ADR Form (Form 6 of Appendix A1 to these Practice Directions) in order to facilitate a considered decision on Court alternative dispute resolution (“Court ADR”) options. The Court ADR Form must be read and completed by each party. If there is a solicitor acting for the party, the solicitor must also complete the Form; (iii) the completed checklist enclosed with the Civil Simplified CC Notice; and (c) ensure that Order 65, Rule 2 of the Rules of Court 2021 has been complied with in cases where the parties to an Originating Claim filed in the DC have consented for Order 65 to apply to those proceedings in accordance with paragraph (1A).
36. Civil Simplified Process The purpose of the Civil Simplified CC is for the Court to consider all available options for the resolution of the case jointly with the parties. In order for the Civil Simplified CC to be effective and fruitful, the solicitors having conduct of the matter should take all necessary instructions from their clients to achieve an amicable resolution of the matter (including exploring the use of any appropriate Court ADR modality), and comply with all directions (including those at Practice Direction 36(3) above), prior to attending the first Civil Simplified CC.
36. Civil Simplified Process At the Civil Simplified CC
36. Civil Simplified Process At the Civil Simplified CCs, the Court may manage the case by, amongst others:
36. Civil Simplified Process encouraging the parties to co-operate in the conduct of the proceedings; (b) assisting the parties to identify and narrow the issues at an early stage; (c) dealing with any interlocutory issues, including giving such directions for discovery or for the parties to file the Single Application Pending Trial pursuant to Order 9, Rule 9 of the Rules of Court 2021 (“SAPT”) as may be necessary; (d) considering with the parties whether the likely benefits of any step proposed to be taken by a party would justify the costs that will be incurred; (e) encouraging the parties to negotiate to resolve the issues and/or case, and/or to undergo the appropriate Court ADR modality, as well as facilitating the use of such Court ADR modality having regard to Order 5, Rule 3 of the Rules of Court 2021; (f) helping the parties to settle the whole or part of the case; (g) giving such directions as the Court thinks fit in order to ensure that the case progresses expeditiously (including directions for the case to proceed to trial); (h) fixing timelines to manage and control the progress of the case; and (i) taking such other action or making such other direction as the Court thinks appropriate in the circumstances including costs sanctions or unless orders.
36. Civil Simplified Process With the introduction of the concept of the SAPT pursuant to Order 2, Rule 9 of the Rules of Court 2021, the Court may, at or prior to any Civil Simplified CC, give directions for parties to file the SAPT and also give any directions in respect of other stand-alone applications.
36. Civil Simplified Process Following from the above directions, the Court may also, if necessary, fix a further Civil Simplified CC, direct parties to provide further status updates to ascertain compliance with the directions given at previous Civil Simplified CCs and give further directions as may be necessary.
36. Civil Simplified Process Where a party intends to file any application (other than one directed at a CC and any application set out in Order 9, Rule 9(7)(a) to (o) of the Rules of Court 2021), the Court’s approval to file such applications must be sought by filing a “Request for Permission to file Application”, copied to all other parties, in accordance with Practice Direction 48(5). Where parties are of the view that it would be more appropriate for submissions to be made at a physical or remote CC, a “Request for Case Conference” may be filed in lieu of the “Request for Permission to file Application”. The “Request for Case Conference” should set out the reasons why the request for the Court’s approval to file further applications cannot or should not be dealt with asynchronously.
36. Civil Simplified Process Where parties indicate at the CC that they will not be filing any SAPT but parties subsequently decide to file an SAPT, parties are to file a “Request for Permission to file Application” to inform the Court of their intention and to seek directions for the filing of the SAPT.
36. Civil Simplified Process If parties wish to extend or vary timelines previously directed by the Court, parties should seek these directions from the Court at the Civil Simplified CC, subject to Practice Directions 48(9)(e) and (g) read with Practice Directions 48(11) to 48(13).
36. Civil Simplified Process Where the action is not disposed of by the Court or settled or otherwise resolved through the actions of the parties, the Court will at an appropriate stage give directions for the matter to be set down for trial. After the matter is set down, the matter will be fixed for a Pre-Trial CC.
36. Civil Simplified Process General provisions for Civil Simplified CCs
36. Civil Simplified Process As far as possible, parties are to agree on the directions that they are seeking from the Court prior to any Civil Simplified CC. If parties are unable to agree, they are to inform the Court of the items of disagreement and submit on their respective positions on each item at the Civil Simplified CC.
36. Civil Simplified Process A party who fails to comply with the directions given and is seeking an extension of time to comply, shall inform the Court of
36. Civil Simplified Process the reasons for the non-compliance and extension of time sought; and (b) whether the other party is agreeable to the extension of time sought.
36. Civil Simplified Process In order that parties benefit fully from the process of the Civil Simplified CC, adjournment(s) of any CC will not be granted without good reason. Consent of both parties to the adjournment, without more, is not considered sufficient reason for an adjournment. Practice Direction 46 below sets out the procedure for seeking adjournments or vacation of hearing dates.
36. Civil Simplified Process The Court will consider, at each Civil Simplified CC, all available options in the case jointly with the parties. Accordingly, at any Civil Simplified CC where the attendance of parties is required, the solicitor in charge of the case for that party (ie, the solicitor who has actual conduct of the case for that party and who is familiar with it) shall attend the Civil Simplified CC. Solicitors for both parties shall attend the Civil Simplified CC.
36. Civil Simplified Process If interlocutory judgment is entered for damages to be assessed, an Assessment of Damages CC will be fixed around 3 weeks after the date judgment is entered. A CC Notice will be issued to the claimant and any party against whom the interlocutory judgment has been entered (if that party has filed a notice of intention to contest and/or Defence) notifying parties of the date of the CC, and directing parties to file the necessary documents and take the necessary steps within a prescribed time for directions to be given to move the matter towards settlement or an Assessment of Damages hearing.
37. General Process Scope of the General Process
37. General Process All Originating Claims filed in the District Courts on or after 1 April 2022 that are not subject to the Specially Managed Civil List (“SMCL”), Civil Simplified Process or Court Dispute Resolution (“CDR”) Process will be subject to the General Process described in this Practice Direction.
37. General Process General Process CCs and SAPT
37. General Process Subject to the discretion of the Court, where a case is identified for the General Process:
37. General Process A first General Process Case Conference (“CC”) will be fixed around 7 weeks from the date that the Defence was filed. (b) A General Process CC Notice will be issued to the claimant and any other party who has filed a notice of intention to contest and/or Defence, notifying parties that the case has been identified for the General Process, of the date of the first General Process CC, and directing parties to file the necessary documents and take the necessary steps within a prescribed time for the purposes of the General Process CC. (c) Where at least one party is unrepresented, a physical General Process CC will be fixed, at which parties are to submit on directions to be obtained and contemplated applications under the Single Application Pending Trial pursuant to Order 9, Rule 9 of the Rules of Court 2021 (“SAPT”). Where both parties are represented, a CC will be fixed, to be conducted on a “documents-only” basis, unless otherwise directed by the Court. For CCs conducted on a “documents-only” basis, all updates and requests for directions by the parties, as well as directions given by the Court, shall be communicated to and by the Court through the Electronic Filing Service.
37. General Process The Court may at the first General Process CC give directions for the filing of the SAPT.
37. General Process Where a party intends to file any application (other than one directed at a CC and any application set out in Order 9, Rule 9(7)(a) to (o) of the Rules of Court 2021), the Court’s approval to file such applications must be sought by filing a “Request for Permission to file Application”, copied to the other party, in accordance with Practice Direction 48(5). Where parties are of the view that it would be more appropriate for submissions to be made at a physical or remote CC, a “Request for Case Conference” may be filed in lieu of the “Request for Permission to file Application”. The “Request for Case Conference” should set out the reasons why the request for the Court’s approval to file further applications cannot be dealt with asynchronously.
37. General Process Where parties indicate at the CC that they will not be filing any SAPT but parties subsequently decide to file an SAPT, parties are to file a “Request for Permission to file Application” to inform the Court of their intention and to seek directions for the filing of the SAPT.
37. General Process If parties wish to extend or vary timelines previously directed by the Court, parties should seek these directions from the Court at the General Process CC, subject to Practice Directions 48(9)(e) and (g) read with Practice Directions 48(11) to 48(13).
37. General Process Where the action is not disposed of by the Court or settled or otherwise resolved through the actions of the parties, the Court will at an appropriate stage give directions for the matter to be set down for trial. If the matter is set down by the date fixed by the Court, the matter will be fixed for Pre-Trial CC and the further General Process CC will be vacated. Where the matter has been set down, parties should seek extended timelines and/or permission to file any further applications at the Pre-Trial CC or from the trial judge if one has been allocated.
37. General Process If interlocutory judgment is entered for damages to be assessed, an Assessment of Damages CC will be fixed around 3 weeks after the date judgment is entered. A CC Notice will be issued to the claimant and the parties against whom the interlocutory judgment has been entered (if that party has filed a notice of intention to contest and/or Defence) notifying parties of the date of the CC, and directing parties to file the necessary documents and take the necessary steps within a prescribed time for directions to be given to move the matter towards settlement or an Assessment of Damages hearing.
37. General Process General provisions for General Process CCs
37. General Process Where appropriate, the Court can at any General Process CC refer the case to CDRC for Court alternative dispute resolution or to any other appropriate ADR process.
37. General Process As far as possible, parties are to agree on the directions that they are seeking from the Court prior to any General Process CC. If parties are unable to agree, they are to inform the Court of the items of disagreement and their respective positions on each item at the General Process CC.
37. General Process The Court may require the parties to provide submissions explaining the reasons for the directions sought, if:
37. General Process there is a dispute between the parties on the directions sought; or (b) if the Court determines that such submissions are necessary, before the Court proceeds to give its directions.
37. General Process A party who fails to comply with the directions given and is seeking an extension of time to comply, shall inform the Court of:
37. General Process the reasons for the directions not having been complied with and for seeking an extension of time; and (b) whether the other party is agreeable to the extension of time sought.
38. Overview of the Court Dispute Resolution case management process (CDR Process) and the use of Court Alternative Dispute Resolution (Court ADR) modalities for civil cases Court Dispute Resolution process for personal injury claims, non-injury motor accident claims, medical negligence claims and claims in negligence
38. Overview of the Court Dispute Resolution case management process (CDR Process) and the use of Court Alternative Dispute Resolution (Court ADR) modalities for civil cases The Court Dispute Resolution process (“the CDR Process”) will be adopted in the case management of the following types of claims —
38. Overview of the Court Dispute Resolution case management process (CDR Process) and the use of Court Alternative Dispute Resolution (Court ADR) modalities for civil cases all personal injury claims, non-injury motor accident (“NIMA”) claims, claims arising out of an alleged negligent act or omission in connection with medical or dental diagnosis or treatment (“medical negligence claims”) and claims in negligence, including professional negligence claims, that are filed in the Magistrates’ Courts and the District Courts; and
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