Clinical negligence litigation in Ireland has long been criticised for its complexity, delays, and adversarial nature. Cases have frequently suffered from fragmented preparation, last-minute disclosure of expert reports, and insufficient efforts to resolve disputes outside court. As a result, claimants and defendants alike faced uncertainty, spiralling legal costs, and prolonged proceedings, often years after the alleged clinical event.
Recognising these challenges, the President of the High Court introduced two new Practice Directions, HC132 and HC131, which took effect on 28 April 2025. These directions mark a significant reform of how clinical negligence cases are managed in the Irish courts. HC132 establishes a dedicated Clinical Negligence List, ensuring greater judicial oversight and continuity in case management. HC131 sets out structured requirements for parties applying for a trial date, including mandatory exchange of expert reports, witness schedules, and an early commitment to mediation.
The purpose of these reforms is clear: to streamline litigation, encourage earlier resolution where possible, and reduce the scope for so-called “trial by ambush” — where crucial evidence is first revealed on the court’s steps. According to the Courts Service of Ireland, these directions aim to provide greater certainty for litigants and a more efficient use of court time.
For solicitors, healthcare providers, and insurers handling clinical negligence cases, these changes signal the start of a more proactive and collaborative approach to litigation. Preparation will now be front-loaded, with parties expected to engage meaningfully at an early stage to identify issues in dispute and explore resolution opportunities outside of trial.
Overview of the new Practice Directions
The new HC132 and HC131 Practice Directions introduce a dedicated case management structure and a clearer pathway to trial, emphasising efficiency, preparation, and early resolution where possible.
HC132: Establishing a Clinical Negligence List
Practice Direction HC132 creates a new Clinical Negligence List, a specialist list within the High Court designed to manage clinical negligence cases separately from general personal injury claims. This list forms part of the broader Dublin Personal Injuries List but introduces specialist oversight and continuity.
Key features of HC132 include:
- The appointment of a dedicated Judge in Charge, ensuring consistent and specialist management of clinical negligence cases.
- The introduction of regular call-overs, case management hearings, and mention dates, focused solely on clinical negligence matters.
- Coverage of all case types, including motions, interlocutory applications, and substantive hearings, providing comprehensive oversight.
- The exclusion of routine Monday motions and ex parte applications, which will remain in the common law list.
The objective of HC132 is to ensure that clinical negligence cases progress in a structured manner, with active judicial management of timelines and preparation.
HC131: Stricter Requirements for Trial Dates
Practice Direction HC131 sets out the requirements parties must meet before they can apply for a trial date in a clinical negligence action. A party seeking a trial date must confirm, by way of a Certificate of Readiness, that the case is fully prepared.
The key conditions include:
- Complete pleadings – all claims, defences, and replies filed; particulars of injuries and special damages fully set out.
- Discovery exchanged – both sides must have complied with their discovery obligations.
- Expert evidence – all expert reports exchanged, or at least offered, with reasonable time given to respond.
- Witness lists – a full schedule of factual and expert witnesses exchanged or offered.
- Mediation – the applying party must commit to offering mediation within three weeks of fixing the trial date, and to participating within six weeks of any agreement to mediate.
Importantly, HC131 gives the Court discretion to dispense with these requirements in cases of urgency or exceptional circumstances. However, in ordinary cases, failure to comply can lead to the refusal of a trial date, adjournment of the hearing, or cost sanctions.
Implications for clinical negligence claims
The introduction of the new Practice Directions is expected to bring about a more disciplined and efficient approach to clinical negligence litigation. By requiring early exchange of expert reports and witness lists, the directions aim to eliminate the practice of late-stage surprises that were often the cause of adjournments and increased costs. The structured timetable for trial readiness, combined with active judicial oversight, should help ensure cases progress in a timely and orderly manner.
Importantly, the new directions place a stronger emphasis on mediation, encouraging parties to explore resolution before trial dates are even fixed. This shift reflects a broader move towards collaborative dispute resolution in clinical negligence claims, which could reduce the emotional and financial burden on all involved.
Require advice regarding a clinical negligence claim?
The medical negligence team at McCarthy + Co Solicitors LLP has extensive experience guiding clients through the complexities of clinical negligence litigation. To discuss your case or to talk to us about the new Practice Directions, arrange a consultation using our confidential online form.
0 Comments