Delay Results In Speedy Justice? The Irony Of Recent Changes To Rule 48

Recent amendments to the Rules of Civil Procedure should greatly reduce the number of administrative dismissals of Actions.

Effective January 1, 2015, an Action which is not set down for trial or otherwise disposed of within five years of its commencement will automatically be dismissed. This is in stark contrast with the current regime, whereby such an Action will generally be dismissed two years after its commencement, unless the parties agree to and file a Timetable with the Court, or the Plaintiff shows cause at a Status Hearings as to why it should not be dismissed. The changes are subject to some "grandfathering" provisions. For instances, Status Hearings booked, but not heard, before January 1, 2015, will continue to be governed by the current Rules.