Commercial Planning and Strategic Infrastructure Development List

The Commercial Planning and Strategic Infrastructure Development List (C/P & SID List) was established in February 2018 through the signing of High Court Practice Direction 74 by the then President of the High Court Mr. Justice Peter Kelly. The C/P & SID List currently operates as per the requirements set out in High Court Practice Direction 107 [as amended].

We refer parties and practitioners to Practice Directions HC107 and HC114 and to guidance notices issued by the Judge in Charge of the List, which are available from the List Registrar via CPSID@courts.ie. Where parties are looking to make an application in the list either for ex parte leave, for admission of a case to the list, or otherwise, please contact the List Registrar in the first instance as early as possible so that appropriate directions can be given.

Based on the revised guidance (issued on 12 October 2022) to practitioners in the Commercial Planning and Strategic Infrastructure Development List each case in this list will be allocated a Sharefile for the uploading of soft copies of core documents, pleadings and exhibits related to the proceedings. 

Practitioners are advised to contact CPSID@courts.ie to gain access to Sharefile folder that has been allocated to their case.

Following initial comments from interested persons, an updated draft Practice Direction  formally establishing the Commercial Planning and Environmental List has been prepared and is available at this link: Draft Practice Direction HC119. Anyone who would like to provide comment on the current draft can do so by email to CPSID@courts.ie no later than close of business on 16 March 2023.

Comments can be general in nature and do not need to propose specific amendments, but where the comments propose the precise wording of specific amendments to identified text, persons may use the comment template available at this link: Comment Template.  All comments received by the deadline will be considered prior to preparation of the final version.

Comments should relate to the draft Practice Direction only.

Where readiness has been certified, parties should upload the certificate and, if application for priority is being made, such letter of application, and notify the List Registrar prior to 13:00 on Thursday 16 March 2023.  Parties should endeavour to identify a preferred date and at least one fall back date.  Facilitation will depend on available dates.  The matter will appear in the list marked TO FIX DATE.

Subject to there being dates available after allocation of the foregoing, on a trial basis, parties in other cases may prior to 13:00 on Thursday 16 March 2023 request the List Registrar to list the matter to seek a provisional date, subject to a letter being furnished to the List Registrar confirming that the following criteria are met:

1. All existing papers have been uploaded to ShareFile, all word versions have been uploaded to the word folders, and all papers are organised on ShareFile in the manner envisaged by the Practice Direction.
2. The dates to be fixed on 20 March 2023 will be allocated for the Trinity Term only.
3. The party seeking the date must propose a preferred date and at least one fall back date  and must propose to the court (having consulted the other parties) an equitable schedule of revised directions that will enable certification of readiness in advance of that date, including an equitable schedule of directions for written legal submissions.
4. The principle that all papers including all written submissions must be uploaded to ShareFile By 1 pm on the 2nd Friday before the date on which the hearing is to be listed must be complied with in any directions proposed.
5. The party seeking the date must agree not to raise or pursue as interlocutory issues any matters that can be dealt with at the substantive hearing.  If such issues have already been raised, directions should reflect the withdrawal of such issues or their adjournment to the substantive hearing.
6. The party seeking the date must agree to use best endeavours to minimise the need for any interlocutory issues raised by other parties to be dealt with in advance of the substantive hearing, and proposed directions should reflect this. 
7. If either existing or new interlocutory matters cannot be so dealt with and must be addressed in advance of the hearing, it is to be understood that the court will where consistent with justice deal with them in a summary manner.  If this cannot be done then the provisional hearing date may be vacated.
8. In that regard, subject to submissions to the contrary and to the interests of justice, the default position will be that any application for costs protection, stays, discovery/ disclosure, cross-examination or modularisation must be dealt with in advance of the hearing; and any issue regarding setting aside leave, standing, capacity, amendment of pleadings or extension of time can be adjourned to the substantive hearing without prejudice to any argument that the opposing parties may make at such hearing (so that for example amended pleadings can be filed on a strictly without prejudice basis to enable amended opposition papers). 
9. It is to be confirmed that no matters for hearing raise issues currently before appellate courts or the CJEU, or that if so, an order for modularisation has been sought or will be sought at the time of fixing the provisional date (and that if the position changes in this regard the court will be notified forthwith).
10. It is to be confirmed that there are no other proceedings affecting the same development (or if there are, such proceedings can all be heard together and that this is reflected in the directions).
11. It is to be noted that the earlier the date for final submissions in the schedule of directions, the more potential dates may be available for the hearing.
12. The party seeking the date must indicate whether it is willing to have the matter heard in a truncated hearing time (to be fixed by the court, minimum one day) if sufficient dates are unavailable (priority may be given to matters where such an indication is given).
13. The letter of request for a provisional date may be accompanied by a request for priority on any other basis, which should set out reasons.
14. It is to be understood that the date will remain provisional until the case is certified as ready at which point the parties should request the court to list the matter to confirm the date.
15. The party seeking a provisional date confirms that as of the date of the letter, the proceedings comply with all provisions of the Practice Direction and guidance from the Judge in Charge of the List, or if not the directions reflect rectification of this.

If such letter is given to the List Registrar by the time specified, the matter will appear in the list marked TO FIX PROVISIONAL DATE.