HMCTS Announces Civil Court Listing Priorities

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Article

01 April, 2020

The HMCTS has published its listing priorities for civil work in the County Courts. Work has been split between priority 1 - work that must be done and priority 2 - work that could be done.

Priority 1 - work that must be done

  • Committals
  • Freezing Orders
  • Injunctions (and return days for ex parte injunctions).
  • The emphasis must be on those with a real time element (such as post termination employment restrictions), noise or interference with property.
  • Anti-Social Behaviour/Harassment injunctions (not ancillary to possession)
  • Applications to stay enforcement of existing possession orders
  • Production of persons in custody following Power of Arrest detentions
  • Applications to displace under s 29 of MHA
  • Homelessness Applications
  • Enforcement work that does not involve bailiffs, such as third-party debt orders (particularly
  • hardship payments).
  • Any applications in cases listed for trial in the next three months
  • Any applications where there is a substantial hearing listed in the next month.
  • All Multi Track hearings where parties agree that it is urgent (subject to triage).
  • Appeals in all these cases

Priority 2 - work that could be done

  • Infant and Protected Party approvals (children could attend by Skype)
  • CPR 21 approvals
  • Applications for interim payments in MT/PI/ Clin Neg
  • Stage 3 assessment of damages
  • Enforcement of trading contracts
  • Applications for summary judgement for a specified sum
  • Applications to set aside judgement in default
  • Applications for security for costs
  • All small claim/fast track trials where parties agree it is urgent (subject to triage)
  • Preliminary assessment of costs
  • Appeals in all these cases
  • Applications or hearings pursuant to the Insolvency Act 1986 which concern the survival of a business or the solvency of a business or an individual

Forbes comment

The two lists provide an insight as to how matters are likely to prioritised by the County Court going forward. Notably, the Court is prioritising applications in cases listed for trial in the next three months or where there is a substantial hearing listed in the next month. Multi track hearings may be listed as a priority 1 matter if the parties agree that it is urgent, but the matter would be subject to triage by the Court.

Infant approvals, all small claim/fast track trials (where parties agree it is urgent), applications for interim payments and stage 3 assessment of damages are considered as priority 2 tasks i.e. 'work that could be done'.

For more information contact Sarah Wilkinson in our Insurance department via email or phone on 01254 662831. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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