Notice to Insurer
- Vehicle case must issue Notice to insurer in common law case
- Employee case is optional to issue the Notice
- notice to insurer must serve within 7 days after filing (if traffic accident case)
Issue Application
Must:
Writ (Court: 1+2)
1. Front Sheet: Claim nature
- Nature A : Monetary Claim
- Nature B: Personal injuries action
2. Indorsement of Claim - Sample B or C (statement of claim separately)
3. A/S
4. Notes for Guidance
5. Form 16C
Appendix D (fee arrangement) inside the Writ
1. Appendix F (Questionaire for PI) - Blank Form
Option:
- Mediation Certificate (Appendix B of Practice Direction 31)
- Statement of Claim + Statement of Truth (admitted liability case, there is not necessary file SOC)
- Statement of Damages + Statement of Truth (HC: must file with Statement of Claim together)
- Medical Report (HC: After Writ issued, Witness Statement & Medical Report must show the sealed copy Order upon filing)
- Medical Report (HC: admitted liability case : Mark in the Heading : "Filed pursuant to para 53 of P.D. 18.1 of RHC with statement of damages")
- Document to be served pursuant to the PD 18.1 (HC: can't be filed upon issuing Writ, must lodge within 14 days before CLR hearing / DC : can be filed)
- if infant involved, it is necessary to file "Consent to Act as a Next Frient of the Plaintiff" and "Certifcate by Solicitor in Case of a Minor for the Plaintiff".
Filing Matter
1. Revised / Amended Statement of Damages can be filed alone without Statement of Claim
2. Set down for Trial
(HC)
Before Master (if Defendant admitted liability)
- Appointment letter to parties to fix date
- Notice of Appointment of Assessment of Damages (sealed copy will be given at filing Counter) + complied with letter + $1045
Before Judge (estimated 3 days or above)
- Notice of Setting Down + Application + bundle + complied with letter + $1045
- NO Notice of Appointment of Assessment of Damages
- Notice of fixing date for Trial will be given to parties by Court
(DC & ECC)
Before Master (Assessment)
- Notice of Appointment of Assessment of Damages (just filing, NO hearing given) + $630
Before Judge
- Application + Notice + $630 (no bundle / letter required)
- If fixture list case, Plaintiff / Applicant must issue letter to all parties to fix date for PTR & Trial.
4. Mediation Minutes
- HC : Must initial by Judicial clerk at Room 108 before filing
5. Report on Mediation - NO mediation has been conducted
- HC : Must signed by both parties
- DC : Signed by Plaintiff
5.1 Report on Mediation: If next hearing before judge, the report should be sent to the Master ordered to mediation.
6. Transfer from DC to HC
- Letter to Court to fix date for checklist (at Room 108B)
- At the time of fixing date, bring Notice of Checklist Review Hearing and obtain sealed copies for service as well.
- DC: must call file from Registry to Room 617