Click link for Information Notice on filing of Appeal Papers Electronically in Civil Appeals during the Covid-19 Pandemic & related matters
(20th April 2020)
Court of Appeal Civil - Filing of Appeal Papers Electronically
Court of Appeal Civil - Remote Hearings
Virtual Courtrooms - Guidance for Practitioners
Court of Appeal Civil - Covid-19 Arrangements
Court of Appeal Civil - Covid-19 Arrangements
(updated 13th May 2020)
The attention of practitioners is drawn to the provisions of the information notice on efiling of appeal papers issued by the president of the court of appeal on the 20th April 2020 the text of which is published on the homepage and also in the general notices section of the legal diary
PARTIES ARE ADVISED TO CHECK THE LEGAL DIARY ON A DAILY BASIS FOR ANY UPDATES AS TO REMOTE APPEAL HEARINGS AND AS TO DIRECTIONS LISTS AND MOTION LISTS
ADJOURNMENT OF APPEALS LISTED FOR HEARING DURING WEEKS OF 23RD AND 30TH MARCH 2020
Following a remote Callover on the 30th April 2020 of appeals originally listed for hearing during the weeks of the 23rd and 30th March 2020 remote hearing dates were assigned to a number of appeals which the parties agreed were suitable for a remote hearing. The appeals in respect of which a remote hearing date was not fixed will be included in a future remote Callover the date of which will be published in the Legal Diary in due course and the parties in the appeals concerned notified. Pending such Callover parties who contend that an appeal is urgent and requires a hearing this term or during the Whit vacation should set out the reasons for such urgency by email to email@example.com addressed to the Registrar. Due to the current pandemic and having regard to HSE guidelines the Court is not in a position to hear appeals other than by way of remote hearing.
DIRECTIONS LIST AND MOTION LIST
A comprehensive Practice Direction to deal with the Directions List and the Motion List will issue shortly and in the meantime the following directions shall apply:
Where, between the 16th March 2020 and the 16th April 2020
(i) a party is required to deliver submissions, lodge books of appeal or books of authorities or take any other step in the appeal, the time for complying with such direction is extended to the 19th April 2020
(ii) a party is required to respond to any step referred to at (i) the time for complying with such direction shall commence on the 19th April 2020 or the date the other party complies with its prior obligation if sooner
(iii) any application for a transcript from the Digital Audio Recording (DAR) of High Court proceedings which is required for an appeal may be made by email to firstname.lastname@example.org addressed to the Registrar including “application for DAR transcript” and the appeal number and title of the appeal in the subject box.
For appeals listed for directions in the adjourned lists of the 27th of March 2020 and the 3rd of April 2020 and all future directions lists existing practice directions shall apply until further notice subject to the following amendments:
All documents shall be in soft copy. No hard copies will be accepted in the office or required.
From the date of the directions listing or the date of the filing of a Respondent's Notice, if later, appellants shall have 10 weeks to deliver written submissions and respondents shall have 10 weeks thereafter to deliver written submissions.
The parties may by agreement reduce the time for delivering submissions. Where such agreement is reached, the parties must notify the office in a timely fashion by email to the above email address including “Submissions” and the appeal number and title of the appeal in the subject box.
If any party seeks a longer period to deliver written submissions, they shall notify the other party to the appeal of their intention to apply to extend the time. The application shall be by email to the above email address including “Submissions” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal.
It shall be made no later than 4 clear working days prior to the date of the directions listing. The email shall succinctly set out the reasons why 10 weeks is insufficient and the additional period requested. The other party to the appeal may reply by email within 2 days prior to the directions listing including “Submissions” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal. The parties will be notified of the decision of the Court by email from the office. Any such application in relation to an appeal listed for directions on the 27th of March 2020 & the 3rd of April 2020 should be made via email as soon as practicable.
The Court will notify parties by email of the date and time assigned for the remote hearing of the directions list for the purpose of allocating a hearing date. In the meantime the appellant should send the directions book in pdf by email to the Registrar at the above address including “Directions Book” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal.
Arrangements will be made shortly for the remote hearing of motions. In the meantime any party who has issued a motion should arrange to send the motion book (inclusive of any replying affidavit and exhibits to all affidavits) in pdf by email to the Registrar at the above address. Any party to an appeal who intends to issue a motion may do so and a return date for the motion will be allocated by the Court in due course. Any such motion should be lodged in hard copy in the court office together with the grounding affidavit by appointment which may be arranged via email to email@example.com. When the motion is issued a booklet comprising copies of the Notice of Motion, the grounding affidavit (and any exhibits), the Notice of Appeal, the order under appeal and the judgment (if available) should be emailed to the court office at the above address for the consideration of the Court in allocating a return date for the motion.
Any enquiries in relation to the directions list or the motion list should be made by email to the court office at the above address or by telephone on (01) 8886120.
APPEALS PREVIOUSLY LISTED FOR HEARING FROM THE 5TH MAY 2020 TO THE END OF THIS TERM TOGETHER WITH APPEALS LISTED FOR HEARING DURING TRINITY TERM BETWEEN THE 10TH AND 26th JUNE 2020 WERE INCLUDED IN A REMOTE CALLOVER ON THE 8TH MAY 2020 TO IDENTIFY WHICH OF THOSE APPEALS WERE DEEMED SUITABLE FOR A REMOTE HEARING. SOME OF THOSE APPEALS HAVE NOW BEEN ALLOCATED REMOTE HEARING DATES BETWEEN THE 18TH MAY AND 3RD JUNE 2020. THE LIST OF APPEALS IS AS SET OUT BELOW AND WHILE IT IS THE RESPONSIBILITY OF THE PARTIES TO CHECK THE LIST THE OFFICE WILL ENDEAVOUR TO NOTIFY THE PARTIES OF THE DATES ALLOCATED. HEARING DATES FOR THE REMAINDER OF THE APPEALS DEEMED SUITABLE FOR REMOTE HEARING WILL BE ALLOCATED SHORTLY. THE LIST OF SUCH CASES PUBLISHED IN THE LEGAL DIARY AND THE PARTIES NOTIFIED.
Court of Appeal Criminal - Covid-19 - Arrangements
Court of Appeal Criminal - Covid-19 - Arrangements
CRIMINAL APPEALS AND CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE
(updated 11th May 2020)
As practitioners will be aware the Court has embarked on a pilot exercise for the hearing of appeals remotely. Any updates in relation to the listing of appeals will be published in the Legal Diary and practitioners are advised to monitor the Diary for any such updates. Any enquiry in relation to the listing of a criminal appeal may be made to the Registrar by email to firstname.lastname@example.org. Any enquiry in relation to the listing of a civil appeal in the Criminal Courts of Justice may be made to the Registrar by email to email@example.com.
List to Fix Dates and Management List
Due to COVID-19 the List to Fix Dates scheduled for the 23rd March was adjourned. However the cases in that List together with appeals or undue leniency applications where the submissions of the moving party have since been lodged will be included in a List to Fix Dates to be taken remotely by the President on Monday the 18th May 2020 at 2.30 pm. The List is now published in the Legal Diary and the parties in the cases concerned will be furnished in due course with the necessary details to access the Virtual Meeting Room. For administrative reasons the List will close at 1pm on the preceding Thursday the 14th May 2020 and where submissions are received after that day/time every effort will be made to include the cases concerned in a late additions section. Submissions will be accepted in Word version by email to firstname.lastname@example.org and there is no requirement for hard copies to be lodged in the court office.
The weekly management lists are suspended until further notice. Any application for case-management (including an application for a priority hearing) should be made in the first instance to the Registrar by email to email@example.com or, if the appeal is a civil appeal for case-management and hearing in the Criminal Courts of Justice, by email to firstname.lastname@example.org. It may be that such applications will be suitable to be dealt with by the President on the papers but if not capable of being dealt with in that way the President will give directions as to the remote hearing of any such applications.
Hearing of Appeals
At the List to Fix Dates on the 18th May 2020 it is the intention of the President to allocate remote hearing dates to appeals which the parties agree are suitable for a remote hearing. Where there is such agreement arrangements will be made in criminal appeals for the Director of Public Prosecutions to make the necessary application to the Court pursuant to Section 33 of the Prisons Act 2007 for the attendance of the appellant at such remote hearing via videolink.
Sentence appeals and undue leniency applications
See Practice Direction (CA02) for requirements as to materials (reports, testimonials etc) for the use of the court in sentence appeals and undue leniency applications. Practitioners are urged to ensure that any such materials are furnished to the court office in good time in advance of the remote hearing date to facilitate the transmission of the materials to the Court
Chief Prosecution Solicitor - service of documents and notification of any intended application
Practitioners are reminded of the requirement to serve on the Chief Prosecution Solicitor for the Director of Public Prosecutions written submissions lodged in the court office. Except for the documents referred to in Order 86C Rule 7 (1) (a notice of appeal or a notice of application pursuant to section 2 of the Criminal Procedure Act 1993) and in Order 86C Rule 15(1) (a notice of abandonment) notice of which the Registrar is required to give to various parties including the Chief Prosecution Solicitor all other documents lodged in the court office must be served on the Chief Prosecution Solicitor. Notice of any intended application to the Court must be given to the Chief Prosecution Solicitor as well as to the court office.
Papers in Civil Appeals for case-management and hearing in the Criminal Courts of Justice
During the period of the current pandemic the following arrangements will apply:
Practitioners in civil appeals for case-management in the Criminal Courts of Justice who are required to lodge booklets pursuant to the provisions of Order 86 Rule 12 (5) (motions) and Order 86A Rule 16 (1) (directions hearings) may send such booklets in pdf to the civil office by email to email@example.com.
Unless the Court otherwise directs books of appeal for the hearing of civil appeals in the Criminal Courts of Justice should, pursuant to the provisions of the Efiling Notice issued by the President on the 20th April 2020 (the text of which is published on the homepage of this website) be sent via email to firstname.lastname@example.org. The books should comply with the provisions of Practice Direction CA06 and should also be lodged in hard copy in the civil office in Áras Uí Dhalaigh, Inns Quay Dublin 7 by appointment to be arranged by email to email@example.com.
Submissions in such appeals will be accepted in Word version by email to firstname.lastname@example.org and there is no requirement for hard copies to be lodged in the civil office. Practitioners should ensure that the submissions comply with the requirements of the Efiling Notice and Practice Direction CA06.