High Court President warns on COVID impact

High Court President Ms Justice Mary Irvine (pictured) has urged practitioners to pay close attention to the Legal Diary, as COVID-19 is continuing to have a serious impact on the courts.

The availability of litigants and witnesses, as well as courts staff and members of the judiciary, have been affected, she said, and last-minute changes to sitting arrangements were now possible.

In a notice on the Courts Service website, Ms Justice Irvine also outlined arrangements for the work of the courts during the Easter and Trinity terms, after consultations with judges, the Courts Service, and both branches of the legal profession.

“Where difficulties are encountered by reason of COVID considerations, practitioners are encouraged to propose ways in which any such difficulties might be overcome, such as consenting, where appropriate, to cases or evidence being heard remotely, where otherwise the case or the evidence might have been given at a physical hearing,” she said.

Criminal trials continue normally

Under the arrangements, all jury trials in the Central Criminal Court will go ahead as normal. Trials in the Special Criminal Court will also proceed normally.

All civil jury actions will be listed for a physical hearing.

In the Commercial Court, the High Court President said that hybrid hearings should be availed of wherever possible.

“Subject to that criterion, the default position will be that cases will be listed for a physical hearing,” she said.

In family-law cases, the default position is that all cases will be listed for a physical hearing, with applications for a remote or hybrid hearing of any action being preceded by discussions between the parties, and made at the list to fix dates.

Personal-injuries cases

Unless otherwise ordered, all personal-injuries cases will receive a physical hearing. Parties are encouraged to avail of hybrid hearings wherever possible, but personal-injuries actions may be heard remotely where the parties agree, or by direction of the court.

A number of issues will continue to be heard remotely – including call-over and case-management lists, non-jury matters listed for a Monday, and judicial review ex-parte applications.

In a separate notice for provincial venues, the President of the High Court said that all actions would, until further notice, be listed for physical hearings.

“Legal practitioners are nonetheless encouraged to ensure that only necessary witnesses attend court and that hybrid hearings be availed of, where possible,” she added.

Full details of the arrangements are as follows:

Bail applications

All bail applications must, from the beginning of Easter Term, comply with the provisions of Practice Direction HC 63.

All applications emanating from Dublin will be heard on Tuesday and Wednesday of each week. Those applications from outside Dublin will be heard on Thursday. There will be a call-over of the cases in the list each day at 10am. Applicants will continue to attend the hearings remotely.

The hearing of bail applications will return to Cloverhill Courthouse on Tuesday, 10 May 2022.

Chancery proceedings

• Unless otherwise ordered, all actions will be listed for a physical hearing. Cases may be heard remotely where the parties agree or by direction of the court,
• In every case, regardless of whether the hearing is to be physical or remote, papers must be lodged in accordance with current practice by no later than 2pm on the Thursday of the previous week,
• Every Thursday, the cases for the following week will be called over immediately following the call-over of cases listed for hearing that day,
• The call-over each morning will be taken remotely at 10am,
• The List for Mention and to Fix Dates on Thursdays will be taken remotely.

Civil jury actions

• All civil jury actions will be listed for a physical hearing,
• There will be a remote call over on 25 April of all cases listed for the two-week sessions commencing on 26 April,
• During the sessions, a physical call-over will take place at 10.30am each day,
• Hard-copy papers must be lodged by 1pm on the Thursday that precedes the hearing date.

Commercial Court proceedings

• In the case of witness actions, hybrid hearings should be availed of wherever possible. Subject to that criterion, the default position will be that cases will be listed for a physical hearing. However, witness actions may be heard fully remotely where the parties agree or by direction of the court,
• Proceedings or applications that are to be heard on affidavit will, in general, be heard remotely, unless otherwise directed by the court,
• All matters listed for mention before the court will be listed for a remote hearing, unless otherwise directed,
• A remote call-over of cases scheduled for hearing the following week will take place every Friday at 10.45am.

Competition-list proceedings

• In the case of witness actions, the default position will be that cases will be listed for a physical hearing. Hybrid hearings should be availed of wherever possible. Witness actions may be heard remotely where the parties agree, or by direction of the court,
• Proceedings or applications that are to be heard on affidavit will, in general, be heard remotely, unless otherwise directed by the court,
• All matters listed for mention before the court will be listed for a remote hearing, unless otherwise directed.

Commercial planning and SID proceedings

• The default position will be that all actions or applications that are to be heard solely on affidavit, will be listed for a remote hearing,
• Where the parties are agreed, the action will receive a physical hearing,
• Any party to a case may apply for a physical hearing and, in such a case, the mode of hearing will be as the court directs,
• The Monday list and weekly call over will take place remotely, in accordance with the existing practice direction,
• Where cross-examination on affidavit is directed in respect of any motion or substantive hearing, the default position will be that, unless otherwise ordered, such evidence will be taken in a physical hearing, but the remainder of the application/action will be dealt with remotely,
• Existing arrangements and listing times will continue until further notice.

Extradition applications

All hearings will proceed as normal in the presence of the applicant, unless his/her presence is not required by law.

Family-law proceedings

• The default position will be that, unless otherwise ordered, all actions will receive a physical hearing,
• Applications for a remote or hybrid hearing of any action should be preceded by discussions between the parties and made at the List to Fix Dates. Any late application for such a hearing may be made on a Monday, provided that it is made at least 14 days in advance of the hearing date. Any party wishing to pursue an application for a remote or hybrid hearing, on consent or otherwise, should, by email to the registrar (copied to the opposing party), request that the case be listed for such purpose. The said email should set out the circumstances supporting the application,
• The normal Monday List – motions and directions – will continue to be heard remotely.

Hague Convention proceedings

• The default position will be that all Hague Convention proceedings, unless otherwise ordered, will be heard remotely,
• Where the parties are agreed, the proceedings may receive a physical hearing,
• Any party may apply for a physical hearing, in which case, the mode of trial will be as the court directs.

Masters Court

Hearings will proceed as heretofore.

Non-jury, judicial review, and asylum proceedings

The following matters will continue to be heard remotely:

• Non-jury matters listed for a Monday, except where witness evidence is required, (for example, Circuit Court Appeals),
• Judicial review ex-parte applications,
• ‘For Mention’ and ‘Directions’ lists on Monday, Tuesday, Thursday and Friday,
• Case-management list on Wednesdays,
• Call-over list on Thursdays,
• Cases listed each Tuesday and Thursday that will conclude in less than one day, and where no witness evidence is required.

The default position will be that physical hearings will take place for the following matters (and only where this is indicated at the positive call-over):

• Non-jury, judicial review, and asylum matters where witness evidence is required, and
• Cases and applications in which witness evidence is not required, but which will take in excess of one day to be heard.

Practitioners should note that where a physical hearing is indicated, the court must be informed of this at the call-over of hearings the previous Thursday (at 10am).

Applications for physical hearings cannot be made to the registrar following the call-over of hearings.

Current directions for the lodgement of papers (including written submissions) will continue. Papers must be lodged in all cases, both for physical and remote hearings, no later than close of business the previous Thursday.

The Legal Diary should be consulted for the start times of the list. It will indicate that the list will be held remotely. If a matter has been assigned for hearing from the non-jury/judicial review list, the name of the judge to whom it has been assigned will appear in ‘Today's Cases’, and it will not appear in this list.

If it has not been assigned for hearing, it will appear in this list.

Personal-injuries proceedings

• Unless otherwise ordered, all cases will receive a physical hearing. Parties are encouraged to avail of hybrid hearings wherever possible. However, personal-injuries actions may be heard remotely where the parties agree or by direction of the court,
• A hybrid hearing will be used to call over the list each morning at 10.30am.

Special-care proceedings

Unless otherwise ordered, all special-care cases will continue to be heard remotely.

Wardship applications

• Unless otherwise ordered, all wardship applications will proceed as hybrid hearings. Parties, witnesses and other interested persons may either attend the physical courtroom or join the proceedings remotely,
• Where any substantive issue needs to be determined in the course of wardship proceedings, the mode of trial will be as determined by the trial judge.

Costs

The mode of hearing of applications that concern only the costs of proceedings will be at the discretion of the trial judge.

Central Criminal Court proceedings

• All jury trials will proceed in accordance with established normal practice and procedure. The court will continue to list trials for each Monday of the term, and juries will be empanelled for those trials in which one is required. Case-management hearings will be held on Fridays of each week,
• The court may excuse those who are remanded on bail from attendance at any listing of the case, including the list to fix a date for trial or other pre-trial mentions when there is consent or no objection by the Director of Public Prosecutions to non-attendance,
• Those who are in custody will be produced remotely at the list to fix dates, and for any other hearing when this is permitted by law, and in accordance with fairness of procedures.

Special Criminal Court proceedings

Trials listed in the Special Criminal Court will proceed in accordance with its established and normal practice and procedure.

Bankruptcy list

Bankruptcy applications will continue to be heard remotely, save where oral evidence is required. Unless otherwise ordered, applications involving oral evidence will receive a physical hearing.

CAB list

• Applications under the Proceeds of Crime Act 1996 will be heard on the following dates: 18 May, 15 June, and 20 July 2022. Such contested applications as may require a separate hearing date will be listed for hearing at the direction of the trial judge,
• All applications will be listed for a physical hearing, unless otherwise ordered.

Chancery motions

• Subject to what is stated below, the default position will be that chancery motions will be heard remotely. Practitioners should note that the chancery 1 motion list will commence at 11am; the chancery 2 list will commence at 10:30am,
• Where a party is unrepresented or where the nature of the application is such that it cannot be heard remotely or where the court otherwise directs, the application shall be by way of physical hearing,
• In accordance with current practice, and regardless of the mode of hearing, motion papers must be lodged by no later than 2pm on the previous Thursday. Care should be taken to ensure that the papers are clearly marked ‘Chancery 1’ or ‘Chancery 2’, as appropriate,
• All winding-up applications will have a physical hearing,
• Chancery motions adjourned generally, due to COVID-19, can be re-entered by filing and serving an ‘Application to re-enter’ to which should be attached a copy of the adjourned motion.

Chancery Special Summons list

• All applications will be heard remotely, unless otherwise ordered. A bound paginated booklet for use by the judge is to be filed the preceding Wednesday by 1pm. Adjournments are to be notified in advance,
• Special Summons proceedings adjourned, due to COVID-19, can be recommenced by the filing and serving of an ‘Application to re-enter’ (to which should be attached a copy of the adjourned motion), returnable before the court, grounded upon the existing proceedings.

Commercial Court motion list

This list will continue to be heard remotely.

Common-law motion lists

• Motions will continue to be held remotely, with the exception of motions for the sitting of the court in List 1, which will be listed for a physical hearing,
• Common-law motions for the sitting of the court adjourned, due to COVID-19, can be recommenced by filing and serving of an ‘Application to re-enter’ (to which should be attached a copy of the adjourned motion) returnable before the court, grounded upon the existing proceedings.

Examiner’s Court list

The monthly list will continue on the Pexip platform. In cases where a respondent to a motion is unrepresented, VMR details must be provided by the applicant to the respondent and notice parties.

Family-law motions-and-directions hearings

These will be held remotely.

Garda-compensation list

Applications in this list will, unless otherwise ordered, continue to be heard remotely.

Personal-insolvency list

This list will be heard by way of physical hearing.

Professional list

• The default position will be that all applications and/or proceedings will receive a physical hearing,
• Contested applications or proceedings may be heard remotely by agreement between the parties, subject to the consent of the court. Any such request must be notified to the court’s registrar prior to 12pm on the Tuesday preceding the hearing date,
• Uncontested applications or proceedings may be heard remotely if the applicant so requests. Any such request must be notified to the court’s registrar prior to 12pm on the Tuesday preceding the hearing date,
• Papers (in hard and soft copy) should be filed by 12pm on the Tuesday preceding the hearing date.

Probate

Unless otherwise ordered, this list will be heard remotely.

Restriction and disqualification of directors

The monthly list will continue to be heard by physical hearing.

Summary-summons motion list

This list will continue to be heard remotely.

Summary-summons proceedings adjourned due to COVID-19, can be recommenced by filing and serving of an ‘Application to re-enter’ (to which should be attached a copy of the adjourned motion) returnable before the court, grounded upon the existing proceedings.

Wardship applications

Unless otherwise ordered, all wardship applications will proceed as hybrid hearings.

Parties, witnesses and other interested persons may either attend the physical courtroom, or join the proceedings remotely.

Rulings in infant and fatal-injuries claims

All ruling applications will be heard remotely, unless otherwise ordered. Papers are to be filed the preceding Wednesday by 1pm. Papers are to include a bound, paginated booklet for use by the judge (in addition to the original papers).