His Honour Judge McCahill QC would like to make chancery users aware of more flexible arrangements for the Friday Chancery Applications List which took effect from Friday 18 May 2012
Chancery Users wishing to take advantage of using this service should refer to the attached guidance notes and checklist to be used for urgent injunctions or other urgent interim relief.
The checklist is for URGENT without notice/short notice injunctions/applications on any day
As the Chancery Guide states, Bristol Civil Justice Centre operates a Chancery Applications List on Fridays.
Since 2007, and in order to reduce unnecessary waiting time, this list has been run on the basis of timed appointments given after a scrutiny of the application notice and supporting evidence. However, in order to provide greater flexibility, and without preventing urgent applications to the Court, on a without notice or on notice basis, being heard on other days, the following arrangements will apply to the Bristol Chancery Applications List, commencing with applications heard at 10.00 am on Friday 18 May 2012.
- All applications to be heard on Fridays must be lodged, with the appropriate fee and supporting evidence, no later than 4pm on the preceding Monday or, if the Court Office is closed on the preceding Monday, on the last day the Court Office is open before the Monday. An undertaking to pay a fee later will not suffice.
- The Application must be suitable for determination by a Specialist Chancery Circuit Judge, and should not relate to matters of routine case management. Examples of suitable applications are given in the Appendix to these directions.
- Only applications with a time estimate of one hour or less (to include pre-reading, submissions, a short judgment and consequential matters including costs) will be accepted into the Applications List.
- Solicitors must also certify that the nature of, and time estimate for, the application makes it suitable for the Chancery Applications List.
- The Application notice must clearly state on its face that (i) it is to be heard by His Honour Judge McCahill QC or by a Specialist Chancery Circuit Judge and (ii) it is to be placed in the Chancery Applications List.
- The Applicant’s skeleton argument and application bundle must both be lodged at court no later than 12 noon on Thursdays. If either document is not filed on time, the application will be removed from the list for the following day automatically and without further reference to the parties.
- It is the responsibility of the parties’ legal advisers to check the published Applications List to see whether their case has been listed or removed from the List.
- If parties wish to have their application heard on a later date at a fixed time, they should still attend on Fridays and supply the Court with dates of availability (and not non-availability) of all parties and their legal representatives so that a hearing date can be fixed there and then.
- Where it appears to the Judge hearing the Applications List that a plainly inadequate time estimate has been given for an application, or if the application is obviously inappropriate for the Chancery Applications List, it will be struck out from the list, usually with an adverse order as to costs.
- The order in which cases will be heard will be determined by the Chancery Judge, irrespective of the order shown on any published list.
- No more than a total of four hours court time will be listed.
- The Chancery Clerk will clerk the Applications List on Fridays.
- These directions will be applied flexibly, and on a case by case basis, where Applicants are not legally represented.
- The dates of the forthcoming Chancery Applications Lists will be published at least three weeks in advance.