See also Practice Direction
39, Practice Direction
39B
Part
39
MISCELLANEOUS PROVISIONS RELATING TO
HEARINGS
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Interpretation
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39.1 |
In this Part, reference to a hearing includes a
reference to the trial.
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General rule – hearing to be in
public
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39.2 |
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The general rule is that a hearing is to be in
public.
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The requirement for a hearing to be in public does not
require the court to make special arrangements for accommodating members of the
public.
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A hearing, or any part of it, may be in private if
–
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publicity would defeat the object of the
hearing;
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it involves matters relating to national
security;
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it involves confidential information (including
information relating to personal financial matters) and publicity would damage
that confidentiality;
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a private hearing is necessary to protect the
interests of any child or protected
party;
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it is a hearing of an application made without
notice and it would be unjust to any respondent for there to be a public
hearing;
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it involves uncontentious matters arising in the
administration of trusts or in the administration of a deceased person’s
estate; or
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the court considers this to be necessary, in the
interests of justice.
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The court may order that the identity of any party or
witness must not be disclosed if it considers non-disclosure necessary in order
to protect the interests of that party or witness.
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| This Rule is referred to in: Part 27 (27.2), Part 62 (62.10), PDP 08c (3), PDP 27 (4.1), PDP 39 (6.4), (8.1), PDP 64b (3), PDR 52 (9), PDR 85 (3), Chancery Guide - Ch 26, App 1 (26.5), QB Guide - Chapter 7 (7.11), (7.13), Comm Ct Guide - Pt F (F1.7), Comm Ct Guide - Pt J (J7.3), SCCO costs guide - Section 9 (9.1), Allan v Clibbery [28], [28], [66], [66], Lilly Icos Ltd v Pfitzer Ltd [24], [24], Moscow v Bankers Trust [24], [24], [28], [29], [33]. |
| Text substituted in Rule 39.2(3)(d)
w/e from 1 October 2007. |
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Failure to attend the trial
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39.3 |
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The court may proceed with a trial in the absence of a
party but –
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if no party attends the trial, it may strike
out(GL) the whole of the proceedings;
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if the claimant does not attend, it may strike
out his claim and any defence to counterclaim; and
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if a defendant does not attend, it may strike out
his defence or counterclaim (or both).
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Where the court strikes out proceedings, or any part of
them, under this rule, it may subsequently restore the proceedings, or that
part.
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Where a party does not attend and the court gives
judgment or makes an order against him, the party who failed to attend may
apply for the judgment or order to be set
aside(GL).
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An application under paragraph (2) or paragraph (3)
must be supported by evidence.
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Where an application is made under paragraph (2) or (3)
by a party who failed to attend the trial, the court may grant the application
only if the applicant –
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acted promptly when he found out that the court
had exercised its power to strike out(GL) or to enter
judgment or make an order against him;
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had a good reason for not attending the trial;
and
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has a reasonable prospect of success at the
trial.
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| This Rule is referred to in: Part 55 (55.28), PDP 04 (3.2), PDP 39 (2.1), (8.1), (8.1), QB Guide - Chapter 10 (10.2), Akram v Adam [28], Brazil v Brazil [28], Estate Acquisition and Development Ltd v Wiltshire [10], [25], [25], [28], FP (Iran) v Home Department [79], Hackney v Driscoll [24], [27], Hertfordshire v Bubb [41], Nelson v Clearsprings [34], [41], [47], [55]. |
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Timetable for trial
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39.4 |
When the court sets a timetable for a trial in
accordance with rule 28.6 (fixing or confirming the trial date and giving
directions – fast track) or rule 29.8 (setting a trial timetable and
fixing or confirming the trial date or week – multi-track) it will do so
in consultation with the parties.
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Trial bundles
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39.5 |
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Unless the court orders otherwise, the claimant must
file a trial bundle containing documents required by –
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a relevant practice direction; and
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The claimant must file the trial bundle not more than 7
days and not less than 3 days before the start of the trial.
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Representation at trial of companies or other
corporations
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39.6 |
A company or other corporation may be represented at
trial by an employee if –
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the employee has been authorised by the company
or corporation to appear at trial on its behalf; and
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the court gives permission.
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Impounded documents
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39.7 |
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Documents impounded by order of the court must not be
released from the custody of the court except in compliance –
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with a court order; or
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with a written request made by a Law Officer or
the Director of Public Prosecutions.
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A document released from the custody of the court under
paragraph(1)(b) must be released into the custody of the person who requested
it.
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Documents impounded by order of the court, while in the
custody of the court, may not be inspected except by a person authorised to do
so by a court order.
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New paragraph 39.8 added w/e from 31 May 2001,
Rule 39.8 omitted w/e
from 2 October 2006. |