TIME ESTIMATES FOR COMMERCIAL SUMMONSES.1 The attention of all counsel and solicitors is drawn to the maximum times which will be allotted by the Listing Officer to different types of summonses.

These are to be found in Appendix 1, Practice Direction (9) in the Commercial Court guide published in the Supreme Court Practice at paragraph 72/A25.

If it is anticipated before or after a date has been fixed that there is a material risk that the hearing of a summons may over-run the maxima specified in the guide, application for a longer hearing must be made to the judge in charge of the Commercial Court List who must be given in writing by counsel or solicitors an explanation for the need for additional time.2 If no such application is made and it is found at the hearing that the time reserved for the hearing has been significantly underestimated, the judge hearing the summons may adjourn the matter to a date to be fixed and may make such special costs orders (including wasted costs orders) as may be appropriate.3 The practice of tacking subsequently-issued summonses on to the hearing of a summons in the same action which has already been fixed on the basis that the hearing of the subsequent summons will not increase the estimate of the time needed for the hearing has increasingly been abused and has thereby disrupted the hearing of summonses.

In future a separate time estimate must be given for all subsequently-issued summonses except where it is certified in writing by solicitors or counsel that:(i)the determination of the application in the earlier summons will necessarily determine the application in the subsequent summons (eg where the plaintiff issues an application for judgment under Order 14 and the defendant issues an application for a declaration under Order 14A that the basis of the plaintiff's claim is wrong in law) or(ii) the matters raised in the subsequent summons are not contested.Otherwise, subsequently-issued summonses will henceforth only be listed for the same hearing if a separate time estimate is provided.

THE PRINCIPAL REGISTRY OF THE FAMILY DIVISION -- LONG VACATION 1997, FAMILY DIVISION DISTRICT JUDGE'S DIRECTION, 13 MAY 1997Business taken at the Royal Courts of Justice during the long vacation 1997 will be:1 injunctions.2 Committals to, and release from, prison.3 Any application relating to children provided that the estimated length of hearing does not exceed one day.4 Any matter which has been certified by a District Judge as being fit for vacation business subject to the estimated length of hearing not exceeding one day.5 If so directed by a High Court Judge, any matters where the estimated length of hearing is in excess of one day.In any case in category 3, the time estimate must be signed by the solicitor making the application or by counsel if instructed; it will be only in rare circumstances that a case, accepted for vacation business on a basis of an estimate of not more than one day but which takes longer, will continue to be heard during the vacation after the first day.In any case in category 4, a certificate signed by the solicitor making the application or by counsel if instructed, must be supplied to the District Judge stating that, in his/her opinion, and giving reasons, the matter is such that it should be dealt with during the vacation and giving the time estimate.Whether the Clerk of the Rules lists an application within category 3 or a District Judge accepts an application within category 4 as vacation business, will be entirely a matter for his or her discretion.In cases falling within category 5, application for the appropriate direction should be made to the applications Judge.(Issued with the approval of the President.)