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The Running List has an important function. It provides a reserve pool of work to be
placed before a court which finds a fixture date vacated at the last moment (whether
due to the parties settling or the case having to be adjourned or for some other reason).
The judge can then be given a Warned List case instead, avoiding the possibility that
he would otherwise find himself unoccupied or under-employed.
Ideally, one would prefer not to have a Running List at all since it can be an
inconvenient arrangement for the parties, their legal representatives, the witnesses and
also for the judges who have to try the case.
(a)
The uncertain rate of progress of the Running List sometimes catches solicitors
by surprise, particularly when it runs faster than anticipated (say, where there is
a string of settlements) so that they find themselves not ready for the trial when
their case swiftly enters the Warned List.
(b)
On the other hand, solicitors may have prepared properly and briefed preferred
counsel, only to find that, because of the slow movement of the List, the
barrister concerned is not available when the case actually comes on for trial.
Different, less preferred, counsel may have to be instructed, involving
duplication of effort and often some duplication of expense and a rushed
preparation for trial.
(c)
Parties and their witnesses are alerted to hold themselves ready to give evidence
without knowing exactly when they have to come to court, causing
inconvenience.
(d)
The judge assigned to try the case is likely to have less prior knowledge of the
case as he will have had less time to read into it before the start of the trial.
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