3. The court has informed me that the date fixed for a Case Management Conference is a milestone date and asks me to attend it. What are milestone dates? Why are milestone dates important?

3. The court has informed me that the date fixed for a Case Management Conference is a milestone date and asks me to attend it. What are milestone dates? Why are milestone dates important? 

The date fixed for a Case Management Conference (“CMC”) is a milestone date, and your attendance, or that of your solicitor, is essential. 

“Milestone dates” are key dates fixed by the court to keep civil proceedings moving efficiently. They include the dates fixed by the court for:  

1. a CMC; 
2. a Pre-Trial Review (“PTR”); and 
3. the trial, or the period during which the trial is to take place. 

Any other date fixed by the court for interlocutory or procedural steps is generally treated as a non-milestone date. Examples of non-milestone dates include dates for filing witness statements, expert reports, lists of documents, or other pre-trial directions. 

While these are more flexible, they are still court-ordered deadlines. A non-milestone date may be varied by agreement via a consent summons, provided the change does not affect any milestone date. If parties do not agree, the applicant must show “sufficient grounds”. Crucially, the court is prohibited from varying a non-milestone date if it would necessitate changing the trial date or trial period. 

Why are milestone dates important? 

Milestone dates support the underlying objectives of civil procedure, including: 

• dealing with cases justly; 
• ensuring cases are handled efficiently; 
• avoiding unnecessary delay; 
• saving costs; and 
• fairly allocating court resources. 

The court will usually be cautious about late applications that may disrupt milestone dates. Examples include last-minute applications to amend pleadings, add new evidence, change experts, or adjourn the trial. 

Parties should therefore prepare their case with milestone dates firmly in mind. 

Are milestone dates easy to change? 

No. Milestone dates are intended to be largely immovable to prevent procrastination and ensure efficient use of judicial resources. They cannot be varied by agreement of the parties. 

A party wishing to vary a milestone date must apply to the court. The court will not vary a milestone date unless there are exceptional circumstances. The following matters will generally not be enough to justify changing a milestone date: 

• late instructions from a client; 
• a change in solicitors or counsel; 
• the unavailability of a preferred barrister; 
• the fact that the other party will not suffer prejudice; or 

• a party’s own delay in preparing the case.