However, one of the judges may conduct preparatory proceedings.

Western European states discussed informally amongst themselves, outside of the formal preparatory proceedings, what measures and levels of non-cöoperation they might adopt if the issue of compensation gained momentum at Durban itself.

The arrival of a new lord deputy, William Burgh, in May 1596 seemed to promise a fair hearing, but such were the shifts and feints in the preparatory proceedings that Bingham petitioned the privy council for trial before the full Dublin council or in England.