Bates & Ors v Post Office Ltd [2017] EWHC 2844 (QB) (10 November 2017)

Bates & Ors v Post Office Ltd [2017] EWHC 2844 (QB) (10 November 2017)

Hearings in group litigation will not be fixed to accommodate the availability of counsel; they will be set well in advance to allow planning, but the interests of justice, efficiency, and the overriding objective outweigh individual counsel's diary conflicts.

Citation
[2017] EWHC 2844 (QB)
Parties
Claimant: Alan Bates and Others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Group Litigation Order (glo) Proceedings / Case Management Ruling on Fixing Hearing Dates
Outcome
Application to move trial date refused; hearings to be fixed without regard to counsel availability.
Legal Topics
Group Litigation Orders, Case Management, Listing of Hearings, Overriding Objective, Counsel Availability, Costs Management

Case Brief

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Parties

Alan Bates and Others

Claimant

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) Proceedings / Case Management Ruling on Fixing Hearing Dates

  1. 1 Whether hearings in group litigation should be fixed to accommodate counsel availability
  2. 2 Appropriate approach to case management and scheduling in large group litigation

Ratio Decidendi

Hearings in group litigation will not be fixed to accommodate the availability of counsel; they will be set well in advance to allow planning, but the interests of justice, efficiency, and the overriding objective outweigh individual counsel's diary conflicts.

Court Disposition

Application to move trial date refused; hearings to be fixed without regard to counsel availability.

Orders

  • Substantive hearing ordered for 5 November 2018 for 20 days to address 23 common issues.
  • Further trial of substantive issues set for 20 days commencing 11 March 2019.