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Witness cases can’t be put on hold indefinitely, says High Court President

High Court President Justice Mary Irvine has said she is hopeful of an interim ‘gallery-view’ software platform being put in place to enable witness cases to take place in Irish courts. 

“We can’t hold up witness cases in lockdown indefinitely,” she said. “It will have a terrible effect on the overall system.”

Remote hearings will not work for witness cases, as cross-examination is not possible without a gallery view, the High Court President said at the Law Society Litigation Committee seminar yesterday (29 October).

A long-term software solution is being examined by the Courts Service, however, and should be up and running within seven months.

Reduced footfall

Remote hearings are COVID-proof, regardless of what public-health restrictions are in place, the High Court President said.

An additional benefit to remote hearings is reduced footfall, making buildings relatively safe for those who have to come to court.

Physical hearings will be reserved for bigger witness cases which can’t be done on remote platforms, the High Court President told the Law Society Litigation Committee seminar.

“Not everything can be done fairly on a remote platform,” she continued. 

The president stressed that software for remote hearings should ideally include a gallery view, which is a limitation of the current platform.

Appellate courts

Cases where people speak for a long time, uninterrupted, such as in appellate courts, work well with the current software. 

“It’s not quite as useful for the more dynamic type of hearings that we have in the High Court,” she said.

All lists on the civil side now have remote call-over – chancery, non-jury, judicial review and personal-injury cases.

All asylum cases in the High Court are also heard on a remote platform, and the current software is ideal for affidavit cases.

Compensation claims

Garda compensation claims are also being heard remotely, as well as wardship cases.

However, remote hearings could prejudice those from lower socio-economic backgrounds, who often come along for physical hearings, the High Court President said.

The Commercial Court is doing nearly all of its work remotely, but its litigants tend to be relatively well-to-do, and are prepared to pay for TrialView access, she said.

This software also has a document management system which makes it work effectively.

However, such ‘bells-and-whistles’ infrastructure is not necessary in most court instances, the High Court President said.

Common-law motions 

“The biggest challenge for us at the moment is to get all of our common-law motions onto remote platforms, except for those which involve lay litigants,” she continued.

A remote upload system will be up and running by 9 November.

The High Court President added that she wanted the solicitors’ profession to understand the colossal amount of work involved in creating the new system, which will involve advance filing of all documents, to be delivered to judges in their chambers ahead of a hearing.

“It’s a huge logistical operation and my thanks to the Courts Service for coming on board and allowing us to achieve something which I think is terribly important,” she said.

Family-law cases

Family-law cases involve small numbers of practitioners, with more likelihood of agreement and consensus if the parties attend the court in person, the High Court President said.

Likewise, the bankruptcy list involves few practitioners, with a low footfall.

Winding-up petitions presentations, however, have to be publicly advertised, in order to allow members of the public to come to a physical courtroom.