The President of the High Court hereby issues the following Practice Direction in accordance with s. 11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

Introduction

1. This Practice Direction is intended to apply to applications which the Master or the Deputy Master of the High Court has jurisdiction or power to hear under the Rules of the Superior Courts (the “RSC”) or under statute and to set out the practice which will be adopted and applied with respect to those applications with effect from 5^th December 2022. 

2. The applications to which this Practice Direction primarily applies are (a) applications for liberty to enter final judgment (O. 37, r. 1 RSC), (b) applications for orders for discovery or inspection or delivery of interrogatories (O. 63, r. 1(6) RSC), and (c) family law special summonses.  The attention of practitioners is also directed to para. 10 of this Practice Direction.

Revocation of Existing Practice Directions HC 84 and HC 106

3. Practice Direction HC 84 (motions for judgment in summary summons proceedings) dated 23^rd January, 2019, which provided that, with effect from 4^th February, 2019, all motions seeking liberty to enter final judgment pursuant to O. 37, r. 1 RSC were required, in lieu of being set down for hearing before the Master of the High Court, to be set down for hearing before a judge of the High Court, is with effect from 5^th December, 2022, revoked and will no longer be in force or applicable with effect from that date. The provisions of this Practice Direction will apply to such applications with effect from 5^th December 2022.

4. Practice Direction HC 106 (Master’s Court) dated 30^th April 2021, which set out certain procedures applicable to hearings in the Master’s Court is with effect from 5^th December 2022, revoked and will, with effect from that date, be replaced by the procedures and requirements set out in this Practice Direction. 

Alteration of Existing Practice for hearing Discovery Applications

5. With effect from 5^th December 2022, the practice which has applied in more recent times where (a) applications for discovery or inspection or leave to deliver interrogatories were made returnable to the High Court Common Law Motion List, and (b) High Court Family Law Special Summonses were made returnable to the High Court Family Law List, instead of, in each case, to the Masters Court will change.  With effect from 5^th December 2022, the practice to be followed with respect to these applications will be as is set out in this Practice Direction.

Applications for Summary Judgment

6. With effect from 5^th December 2022, every summary summons indorsed with a claim (other than for an account) under O. 2 RSC to which an appearance has been entered shall be set down before the Deputy Master of the High Court by the plaintiff by way of a motion for liberty to enter final judgment as required by O. 37, r. 1 RSC and shall not be set down before a judge of the High Court by way of an application for summary judgment.

7. Any application for summary judgment currently listed before the High Court in the Summary Judgment List or in the Common Law Motion List which is being adjourned by consent or on the application of one or more of the parties, and in which a hearing of the application has not yet been commenced by the High Court, will, if the adjournment is granted,  be adjourned and transferred by the High Court to the Deputy Master to be heard as an application for liberty to enter final judgment, unless the Court determines that it is appropriate that seisin be retained by the Court of the particular application, in which case the application may be adjourned and seisin retained by the Court. It is stressed that this Practice Direction is not intended to interfere with the discretion of the High Court to hear the particular application or to grant or refuse any adjournment of the application should the Court consider it necessary to do so in the interests of justice. 

Discovery

8. With effect from 5^th December 2022, every application seeking an order for discovery or inspection of documents or of real or personal property or for the delivery of interrogatories shall be issued for a date returnable before the Deputy Master of the High Court and not to the High Court Common Law Motion List.

9. Any application for an order for discovery or inspection or for the delivery of interrogatories currently listed before the High Court in the Common Law Motion List which is being adjourned on consent or on the application of one or more of the parties and in which a hearing of the motion has not yet commenced will be adjourned and transferred by the High Court to the Deputy Master, unless the Court determines that it is appropriate that seisin be retained by the Court of the particular application, in which case the Court may retain seisin and adjourn the application to a date fixed by it.  Again, it is stressed that this Practice Direction is not intended to interfere with the discretion of the High Court to hear the particular application or to grant or refuse any adjournment of the application should the Court consider it necessary to do so in the interests of justice.

Family Law Special Summonses

10. With effect from 5^th December 2022, all family law special summonses shall be issued for a date returnable before the Deputy Master of the High Court and not to the Family Law List.

11. Any Family Law Special Summonses currently listed before the High Court in the Family Law List will continue to be case managed and heard by the High Court in the Family Law List.

Other Applications over which the Master has Jurisdiction

12. Every application for an order or relief which the Master or the Deputy Master of the High Court has jurisdiction to hear under any of the provisions of the RSC shall be issued for a date returnable before the Deputy Master and not before the High Court.  For the avoidance of doubt, the provisions of O. 63, r. 9 RSC which confer on the parties a right of appeal to the High Court from an order of the Master or the Deputy Master of the High Court will continue to apply. 

General provisions concerning hearings in the Master’s Court

13. With effect from 5^th December 2022, and until further notice, the Deputy Master will sit in the Master’s Court on Tuesdays to Fridays during the law terms commencing at 10:30am each day. 

14. The Deputy Master will hear all applications by way of a physical/in person hearing until further notice.

15. Practitioners are reminded that there are still some limits on the number of persons who can attend in person in Court.  The current capacity limit for the Master’s Court is sixteen (16).  This limit will be kept under review and practitioners should familiarise themselves with the current limit. Practitioners are reminded that this capacity limit may not be exceeded.  The Deputy Master will ensure strict compliance with the capacity limit.  The cooperation of all practitioners and litigants will be required to ensure that hearings before the Deputy Master can proceed in an effective and efficient manner and in a manner which is safe for all those involved in the administration of justice.  In the event of significant difficulties in the conduct of physical/in person hearings in the Master’s Court, I will review and revise these arrangements at short notice and may, if necessary, revert to the arrangements which were in place under Practice Direction HC 106. 

David Barniville
President of the High Court
29^th November, 2022