Preliminary hearings have replaced what used to be called “case management discussions” and “pre-hearing reviews”. Preliminary hearings are held to clarify complex claims such as for discrimination and whistleblowing as well as generally to set a case timetable. They can also be held to decide preliminary issues such as whether to strike out a claim or to make a costs order because a case has little or no prospect of success. The intention is to ensure that the case is properly prepared for the final hearing so preliminary hearings can be invaluable. Representation at preliminary hearings is highly advisable for clients, particularly as the clarification of issues can itself be legally complex. Decisions taken at an early stage by a judge often have a powerful influence on the way a case is presented and on its final outcome. It is important to get things right at an early stage.
