Clinical Negligence List (As amended on 30 July 2026)*

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

1. Effective Date

This Practice Direction will come into effect on 28th April 2025 (“the Effective Date”).

2. Purpose and Objectives

(1) This Practice Direction establishes a dedicated Clinical Negligence List within the Dublin Personal Injuries List of the High Court for the purpose of managing clinical negligence proceedings in a structured manner to ensure that such cases receive focused attention and enhanced case management generally by experienced judges.

(2) The amendment to HC 132 (amended with effect from 4 August 2026) is contained in paragraph 7(3) below. The purpose of the amendment is to provide for targeted case management and specific directions from the Court in cases where any party considers that further adversarial investigation of liability or assessment of quantum may be unnecessary or substantially reduced. In such circumstances, any party may apply to have the proceedings listed before the Judge in Charge of the Clinical Negligence List.

3. Scope

(1) The Clinical Negligence List shall encompass all proceedings in which a claim for damages for personal injuries arises from alleged negligence or breach of duty in the provision of clinical or health care, treatment, or advice (“clinical negligence proceedings”).

(2) This Practice Direction applies to all clinical negligence proceedings before the High Court (“the Court”) from the Effective Date.

(3) The Clinical Negligence List shall apply to all stages of clinical negligence proceedings including mentions, applications for dates for trial, interlocutory applications, case management directions hearings, hearings and cost applications, pursuant to the Rules of the Superior Courts, but shall exclude motions, including ex parte applications, ordinarily listed in the Monday Common Law Motion Lists.

4. Judge in Charge of the Clinical Negligence List

(1) The Clinical Negligence List shall be presided over by the judge of the High Court who is assigned to manage the Personal Injuries List (“the Judge in Charge of the Clinical Negligence List”). That judge shall, with the consent of the President of the High Court, assign cases within the Clinical Negligence List to judges drawn from those assigned to the Personal Injuries List who are experienced in dealing with clinical negligence proceedings.

(2) The functions of the Judge in Charge of the Clinical Negligence List may, where necessary, be exercised by one of the other judges assigned to the List.

5. Clinical Negligence List

The Clinical Negligence List shall apply to all clinical negligence proceedings, irrespective of whether they were commenced prior to or after the introduction of this Practice Direction.

 6. Interlocutory Applications

(1) Interlocutory applications necessary for the management of clinical negligence proceedings (excluding those appropriate for the Monday Common Law Motion Lists) and applications for case management directions shall be heard in the Clinical Negligence List but only with the prior leave of the Judge in Charge of the Clinical Negligence List, which may be applied for ex parte.

(2) Once such leave has been granted, applications for case management directions, and any other interlocutory relief shall be made to the Judge in Charge of the Clinical Negligence List and heard in accordance with the usual rules governing such applications.

7. Case Management

(1) The Judge in Charge of the Clinical Negligence List may, at his or her discretion or upon application by a party, issue case management directions to facilitate the efficient preparation and hearing of clinical negligence proceedings.

(2) Such directions may include:

(a) timetables for the exchange of expert reports;
(b) directions, where the law permits, for mediation;
(c) orders relating to witness statements or expert evidence;
(d) any other directions necessary to ensure the fair and expeditious resolution of clinical negligence proceedings.

(3) Without prejudice to the generality of paragraph 7(1), where any party considers, in light of matters known to it, that further adversarial investigation of liability, or assessment of quantum, may be unnecessary or substantially reduced, that party may apply to have the proceedings listed before the Judge in Charge of the Clinical Negligence List for targeted case management and such directions as the Court considers appropriate.

8. Review

This Practice Direction will be kept under regular review and will be amended or modified, where necessary.  The amendment made on 30 July 2026 (with effect from 4 August 2026) is made following such review.

Issued by the President of the High Court on 8th April 2025
David Barniville
President of the High Court

Mr Justice David Barniville
President of the High Court
30 July 2026