How do you arrange a telephone appointment with a Chancery Master?
The first step is to use the 2 15 pm time slot, when Masters are available for short ad hoc applications and persuade him that the application is suitable for a telephone hearing. Once the Master has made a note to the effect that a telephone appointment may be arranged one simply takes that to room 7.09 in Thomas Moore Building, with your application form and fee in the normal way (checklist on my website at http://www.ryanlaw.co.uk/Pack%205.htm ), and they will give you a time and date. This is the Chancery Chambers interpretation of the procedure set out in the Practice Direction to CPR 23, at paragraph 6, which also makes it clear that:
• you will almost certainly need the consent of all parties (so when you go to see the Master make sure you have a couple of copies of the letter/email from the other parties’ representatives confirming their agreement);
• the court will seldom agree to a telephone hearing if some parties will be present in person and others by telephone (and for “seldom” read “forget it”); and
• it cannot be done when one of the parties is a litigant in person.
If you plan to organise a telephone hearing make a note of the procedure at paragraph 6.5 of the Practice Direction, including the responsibility on the litigator instigating the process to orchestrate the event and to arrange for the conversation to be recorded. (On the question of recording, note that the Patents Court Guide covers this at paragraph 17).