COVID-19 Response Updates

Covid-19 Level 5 Criminal Jury Trial Update

Keeping courts safe and open while prioritising essential court services at Level 5

Limited new criminal trials to commence from 16 November 2020

Wednesday 11 November 2020; The Chief Justice, the Presidents of the Jurisdictions and the Courts Service have been consulting on a regular basis to assess the situation under Level 5 and to ensure the on-going safe administration of justice. Every effort is being made to keep courts open and safe, whilst prioritising access to justice of critical and essential court services.

When Level 5 restrictions were imposed in October, the Judiciary and the Courts Service confirmed that any criminal jury trials which had already commenced would continue. Those trials have been running safely over the past three weeks, with strict adherence to the protective measures provided for in the Courts Service Covid-19 health and safety management programme. Jurors have provided positive feedback in relation their attendance at those trials. The Government has confirmed that courts are an essential service and has deemed that persons travelling beyond 5km for the purposes of attending court are exempt from current travel restrictions https://www.gov.ie/en/publication/2dc71-level-5/#domestic-travel-restrictions. 

Having assessed the volume of Court work being conducted safely, it has been decided that a limited number of trials will commence next week from Monday 16 November 2020 onwards. Members of the public have been summoned to attend jury service in the Courts of Criminal Justice (CCJ) where they will be empanelled for a trial at the Central Criminal Court and a small number of Circuit cases already listed. It has also been decided that conditions are sufficiently safe such that, with effect from Monday 23 November 2020 onwards, further trials will be held into December. Members of the public have been summoned to attend for jury service as follows:

• Central Criminal Court in CCJ, Cork, Kilkenny and Castlebar venues from the week commencing the 23 November 2020 onwards
• For trials listed in the Circuit Criminal Court in Tullamore, Limerick, Trim Drogheda, Waterford and Wexford venues from the week beginning 23 November 2020 onwards
• For trials listed in the Circuit Criminal Court in Cork the week beginning the 30 November 2020 onwards
• For trials listed in the Circuit Criminal Court in a Galway venue from the 1 December 2020 onwards.

Members of the public summoned for jury duty for the week commencing the 16 or 23 November 2020 onwards, who have not received a cancellation notification, are asked to attend court in accordance with their summons. People called for jury service should know that the Courts are providing a safe environment for jury trials during Level 5 and all protective measures and standards are being maintained at this time.

In general, across the various Courts, the work that has been conducted remotely will continue and family law, child care and domestic violence applications in the relevant Courts will continue to be prioritised. The work of the Courts is constantly being reviewed in line with public health guidance. Accordingly, the amount and nature of the work being transacted in the courts at any given time will be subject to change depending upon current public health guidance and all other relevant considerations. 

It is important that anyone attending court buildings continue to practice the public health measures, follow the guidance of the Courts and the health and safety protocols put in place by the Courts Service namely:

• wear face masks
• physical distance at 2m
• continue good hand and respiratory hygiene
• avoid congregating in groups
• comply with directions from Courts Service staff in relation to the management of the numbers of persons in court buildings and
• if you have symptoms or if you have been directed to restrict your movement or awaiting the results of a Covid-19 test, you are asked not to attend court.

Covid-19 Update

Wednesday 21 October 2020: Following the Government announcement of the decision to move the entire country to Level 5 on the National Framework from midnight tonight, the Judiciary and the Courts Service continue to ensure every effort is made to keep courts open and safe, prioritising access to justice of critical and essential court services.

Level 5 of the National Framework is different to any other stage of the pandemic. The Judiciary and the Courts Service have adopted new ways of working over the past number of months in accordance with public health measures and the Courts Service Covid-19 Safety protocols which are in place. A review of the Government’s Resilience and Recovery; Living with Covid-19 Plan and Framework has been conducted in respect of the Courts Service Covid-19 protective measures, the experience, Practice Directions and Court Guidance to date.

The main aim of the Chief Justice and the Presidents of the Courts together with the Courts Service is to follow Government’s Level 5 policy of reducing the interactions among people, at this vital stage in the pandemic whilst recognising that providing access to the courts is an essential service. In doing so they recognise that this has different implications on different jurisdictions and areas of work across the Courts. As a result, the Presidents have issued Notices and Practice Directions regarding the work of their Courts, please see below information pertaining to each Court. 

In general, across the various Courts, the work that has been conducted remotely will continue and family law, child care and domestic violence applications in the relevant Courts will be prioritised. Due to reduced capacity numbers on transport, inter-county travel and the nature of the restrictions at Level 5, the commencement of new jury trials is not viable at this point. In the interests of justice, Jury trials currently underway will be completed.  Should Government advice change, following the scheduled review in four weeks, this matter will be reviewed.

It is the intent of the Courts Service and the Judiciary to continue to process as much business as is safe under Level 5 restrictions and all protective measures and standards will be maintained throughout Level 5. In its Recovery and Resilience Plan, the Government has recognised that access to justice, safely provided, is a key priority. The requirement of a person to fulfil legal obligations,  attend a court or court offices, is understood by the Judiciary and the Courts Service to be essential for the purpose of travel under Level 5 restrictions.

The work of the Courts, as directed under Level 5 by the Presidents of the Courts, will be constantly reviewed in line with public health guidance and may be subject to change depending on guideline changes, the situation as it evolves and/or as experience and resources dictate. 

It is important that all Court Users continue to practice the public health measures, follow the guidance of the Courts and the health and safety protocols put in place by the Courts Service namely:

• wear face masks
• physical distance at 2m
• continue good hand and respiratory hygiene
• avoid congregating in groups
• comply with directions from Courts Service staff in relation to the management of the numbers of persons in court buildings and
• if you have symptoms or if you have been directed to restrict your movement or awaiting the results of a Covid-19 test, you are asked not to attend court.

Framework Level 5

With the movement of Covid-19 restrictions to Level 5 for a six week period from midnight Wednesday 21st October 2020, matters will be dealt with as detailed below.

Supreme Court: 
The majority of work will continue to be conducted remotely, resource dependent.

Court of Appeal:
The majority of business has been conducted remotely since April 2020, that will continue to be the case.

Applications in relation to individual Civil appeals can be made at the Callover of the appeal concerned at the Friday Directions List on the date published in the Legal Diary.

For Criminal appeals, there will be a Callover on Tuesday 27th October 2020 of the appeals listed for hearing in November 2020 and December 2020.

Please note Guidance for Practitioners on Virtual Courtrooms has been issued on the Legal Diary available here.

High Court/Central Criminal Court:  

The President of the High Court has issued

1.  a Notice with regard to Criminal Proceedings attached here and
2.  a Notice with regard Civil Proceedings attached here

 Both Notices have been issued with High Court Guidance on face coverings.

Circuit Court:

The latest Covid-19 update from the President of the Circuit Court is available here .

District Court:

The latest Covid-19 update from the President of the District Court is available here. 

Further Information/ Updates

For queries relating to Jury Summons please contact the number provided on your summons and refer to the Courts Service twitter account @CourtsServiceIE.

Courts updates will be provided as and when available, please consult www.courts.ie:

The Covid-19 Notice pages for regional updates at https://www.courts.ie/covid-19-notices and
General Covid-19 updates at https://www.courts.ie/covid-19-response-updates

Covid-19 Update

Living and Working with Covid-19 2020 - 2021: Keeping courts safe and open at Level 4 and Level 5

Monday 19 October 2020; The Courts Service and the Judiciary continue to  ensure every effort is made to keep courts open and safe, prioritising access to the courts as a critical and essential service in the event of escalation to a higher level on the Government National Framework of restrictions.

The Courts Service Covid-19 Safety Management Programme and the public health measures already in place have been reviewed in respect of the Government’s Resilience and Recovery; Living with Covid-19 Plan and Framework. In planning for the various Framework levels, previous Practice Directions and the experience across the Courts to date have also been considered. Outlined below are the principles/ top level information which are envisaged applying to the respective levels, and are being shared with staff, Judiciary and Court users so that they can understand the expected approach. Practice Directions from the Presidents of the Courts will follow any Government announcement providing the relevant detail needed.

The Courts Service and Judiciary recognise that all proposed measures are subject to potential alteration, depending on changing Government public health guidance.

Framework Levels

In the event of an escalation to Level 4, nationwide, the Courts Service and Judiciary are planning to keep safe levels of business processing through the courts, where possible, with the main difference being a reduction in numbers when empanelling juries. Venue layout will determine how jury empanelling pods are structured accordingly  there may be further restrictions where jury empanelling takes place at offsite external venues. Where changes are needed updates will be published on courts.ie @ https://www.courts.ie/jury-service. However depending on resources and respective situations around the country, there may be local implications on the business of the courts. Updates will be notified on the Courts Service twitter account @CourtsServiceIE and on courts.ie/ covid-19-response-updates.

The principles for Court business under Level 5 have been informed by potential implications of reduced public transport and restrictions to domestic travel, especially inter-county travel. The Courts Service and Judiciary are planning as follows for Level 5:

Supreme Court and Court of Appeal: 

• the majority of work will continue to be conducted remotely, this is resource dependent.

High Court/Central Criminal Court:  Practice Directions, giving full details of all work that will continue or be postponed in light of Level 5, will follow any such announcement. The following is a general outline of the work that will likely continue:

• All proceedings and trials currently at hearing, where possible;
• Any proceedings or applications of any nature that can be heard remotely;
• All urgent proceedings and applications;
• All Judicial Review ex parte applications and injunctions;
• Bail applications, sentencing hearings and Article 40 applications.

Circuit Court: Priority will be given to Family Law and essential Criminal business.

• With the exception of urgent cases, Civil business will be adjourned, so that resources can be deployed to support urgent matters, Family Law and essential Criminal business.
• The same approach to criminal trials described above will apply with no new Criminal trials commencing and every effort will be made to finish existing trials.
• Where the above approach is not possible, the situation will be assessed on a case-by-case basis depending on viability and resources.

District Court: Priority will be given to Family Law, Child Care Law and essential Criminal business.

• With the exception of urgent cases, Civil business will be adjourned so that resources can be deployed to support Family Law, Child Care Law and essential Criminal business.
• Consent matters, where possible, can be e-mailed to Court and consent orders made. Where parents agree to changed access or maintenance arrangements, they can email evidence of changed arrangements for the court file and court orders can be amended at a later date.
• In an attempt to reduce numbers coming to court in relation to Criminal cases persons who have legal representation should contact their solicitor for advice as to whether to attend court or not. Persons who are not legally represented must attend court.
• Prioritising and supporting applications under the domestic violence legislation will continue.

The Courts Service and Judiciary are acutely aware that there may be further changes required depending on the public health guidance from Government. All court users are reminded it is essential, at this critical stage in the pandemic, that everyone takes personal responsibility to practice the public health measures, very familiar to us now:

• physical distancing at 2m
• wearing face masks
• good hand and respiratory hygiene
• avoid congregating in groups
• adhering strictly to allocated listing slots
• complying with directions from Courts Service staff in relation to the management of the numbers of persons in court buildings and
• if you have symptoms or if you have been directed to restrict your movement or awaiting the results of a Covid-19 test, you are asked not to attend court.

Further Information/ Updates

For queries relating to Jury Summons please contact the number provided on your summons and refer to the Courts Service twitter account @CourtsServiceIE.

Courts updates will be provided as and when available, please consult www.courts.ie:

• the Covid-19 Notice pages for regional updates at https://www.courts.ie/covid-19-notices and
•  general Covid-19 updates at https://www.courts.ie/covid-19-response-updates

Thursday 15 October 2020;  The Courts Service has reviewed the measures for Level 4 to apply to the Cavan, Donegal and Monaghan areas from midnight tonight. Keeping courts open to provide safe access to justice remains a key priority, alongside the provision of education, as referenced in the Government’s Resilience and Recovery 2020-2021 Plan.

The courts in Cavan, Donegal and Monaghan therefore continue to stay open with protective public health measures in place, to support the safety of all staff and court users. All court users are expected to support the continued safe operation of courts by adhering to the protective public health measures in place.

Staff and members of the public are reminded that in terms of travel accessing justice is an essential service so travel is permitted, and alternative methods to public transport, where possible, are encouraged. Where working from home is possible, staff continue to do so. Only those who have business in court should attend. If changes to court sittings or lists are required, for any reason, that information will be available on the news feed at www.courts.ie and on Twitter @CourtsServiceIE

The Courts will only be able to stay open as long as safety is a priority for everyone. All court users, at this critical stage in the pandemic, should be supporting the practice of the public health measures we are all now very familiar with:

• maintaining a 2 meter distance
• wearing a face mask at all times in court buildings
• good hand and respiratory hygiene at all times and
• not attending court if you have symptoms associated with Covid-19 or having been directed to restrict your movement

5th October 2020 This week the Chief Justice and Presidents of All Courts released a Statement concerning the 'Wearing of Face Coverings'. The Courts Service continues to adapt our procedures, taking account of the updated understanding of the Covid-19 disease and, to ensure we're supporting public health guidance in accordance with our safety measures. 

Please find below the full Judicial Statement.

Statement of the Chief Justice and Presidents of All Courts

All persons attending any court venue are expected to strictly comply with current public health guidance concerning Covid-19.  Physical distancing (currently 2m) must be maintained at all times and all attending should engage in frequent handwashing and comply with respiratory etiquette.  

Whilst face coverings are not mandatory for those attending a court venue, in light of public health guidance as to the value of face coverings in reducing the spread of Covid 19, it is strongly recommended that all persons, save for those who for medical or other welfare considerations cannot wear a face covering or who are behind a protective screen, should do so whilst on any court premises or within its precincts.

This strong recommendation, contrary to any earlier guidance, applies with equal force to anyone giving evidence, questioning witnesses or addressing the court, unless they are doing so from behind a protective screen or the presiding judge considers the same prejudicial in all of the circumstances. Proper and effective use of available microphones should overcome any difficulty in those addressing the court being heard.

The wearing of a face covering does not lessen in any way a person’s obligation to comply with social distancing and other public health guidance. 

Finally, for your own safety and that of others, please ensure you use your face covering correctly and safely.  Do not place it on any surface and ensure that you dispose of it safely.

Chief Justice, Mr Justice Frank Clarke
President of the Court of Appeal, Mr Justice George Birmingham
President of the High Court, Ms Justice Mary Irvine
President of the Circuit Court, Ms Justice Patricia Ryan
President of the District Court, His Honour Judge Colin Daly

Courts Service continues to provide access to justice as all areas of the country move to Level 3 on Government National Framework

Tuesday 6 October 2020; Following the Government’s announcement to move the country to Level 3 on the National Framework for Living with Covid-19, the Courts Service confirms the continued operation of Courts to ensure access to justice.  The Courts Service has undertaken a review of the Government’s Resilience and Recovery 2020-2021 Plan, and under the restrictions announced for Level 3, the protective measures the Courts Service has in place allow for the business of the Courts to continue.

Court users are reminded to adhere to public health guidance: wearing face coverings when in Court buildings/courtrooms, as directed in yesterday’s Statement from the Judiciary, maintaining a 2-meter distance, practising good hand and respiratory hygiene at all times and not attending Court with symptoms associated with Covid-19.

Staff who can work from home are advised to do so and only those required on-site should attend Court houses and offices. If changes to Court sittings or lists are required, for any reason, that information will be available on www.courts.ie and on Twitter @CourtsServiceIE

Only those who have business in Court buildings and those summoned for jury duty should attend.  The Courts Service video demonstrates what is expected of Court users during the current pandemic. Please click this link to view the video - https://www.courts.ie/covid-19-response-updates

The Government’s plan recognises as a key priority the need to keep Courts open to maintain critical services particularly for those in vulnerable situations such as domestic violence, child custody, insolvency and debt cases. The Courts Service continually reviews Government and public health advice and adapts its protective measures or ways of working to ensure adherence with that advice. The Courts Service will be able to remain open if the protective measures in place are adhered to by all Court users;

• Respect guidance given by staff and the signage in place, keep a physical distancing of 2-meters from others, to avoid congregating and respect capacity numbers in the different court rooms.
• Continued use of alternative methods for limiting the numbers attending court houses and offices such as remote hearings, eLicensing online and Revenue’s new online system for filing an electronic version of the Inland Revenue Affidavit (Form CA.24), called the “Statement of Affairs (Probate)” (Form SA.2). This project was launched last month with the Probate Office.

Further Information

• For queries relating to Jury Summons please contact the number provided on your summons.
• Media queries should be sent to the Courts Service media relations office: Mr Gerry Curran, at Gerry.curran@courts.ie

Reminder to all court users of critical importance to adhere to public health guidance – standing 2 meters apart, wearing face coverings, not congregating in large numbers and following signage for designated seating.

Thursday, 1 October 2020; The Courts Service, the Judiciary and our partners in justice have worked together to keep Courts safe and open by implementing protective measures and new ways of working, in accordance with public health guidance, advice and Government protocols, since the start of the pandemic.

The main priority of the Courts Service is to keep staff and Court users safe and Courts open, in particular to provide critical services to those in vulnerable situations such as domestic violence, child custody, insolvency and debt cases. Under the Government’s Resilience and Recovery 2020-2021: Plan for Living with Covid-19, these critical services have been recognised as a priority second only to keeping schools open.

The Government Resilience and Recovery 2020 -2021 plan is about living and working with Covid19 with protective measures and restrictions in place to ensure we maintain a functioning society and economy. The Courts system is critical to the functioning of any modern society and economy. Critical to keeping our Courts open and functioning during this pandemic are the health and safety measures the Courts have put in place. These measures have been referenced in the Government’s Resilience and Recovery plan including the need to limit the numbers and necessity to attend Court through alternative options such as meditation and expanded use of technology.

The Government’s Recovery and Resilience plan also references the continuation of

Court implementation plans to reduce COVID-19 related waiting times. Over the summer months considerable effort has been undertaken by Courts Service staff, Judiciary and practitioners to increase the volume of work through the Courts while adhering to the public health guidance and the Courts Service protective measures. Innovative and improved use of technology, as well as alternative venues and ways of working, supported by a Department of Justice €5 million stimulus package, have seen capacity in certain areas increase to over 100% on similar periods last year to tackle waiting lists.

The Courts Service have undertaken a complete review of the Government’s Resilience and Recovery 2020 -2021 plan. Our priority is to ensure that Courts can operate in a safe manner. With the information available at the moment with regard to possible restrictions, the protective measures that we have in place will allow us to continue to conduct business. The Courts Service continually review all Government and public health advice and adapt our protective measures or ways of working to ensure continued compliance with that advice. Key protective measures in place are detailed below.

The Courts Service continue to consult with the Judiciary to develop implementation plans across estates, operations, and ICT teams for the different areas of the law and the different jurisdictions, in respect of the Government’s most recent plan. Any escalation announcements will, from an operational perspective, have different significance for the different court buildings across the estate and tailored contingency plans are being developed to ensure courts remain safe and open providing access to justice. Updates will be provided as and when available, please consult www.courts.ie specifically:

• the Covid-19 Notice pages for regional updates at https://www.courts.ie/covid-19-notices and
• general Covid-19 updates at https://www.courts.ie/covid-19-response-updates

Further Information

• Where changes to court sittings or lists are required, for any reason, that information is updated on www.courts.ie and on Twitter @CourtsServiceIE
• For queries relating to Jury Summons please contact the number on your summons.
• Media queries should be sent to the Courts Service media relations office: Mr Gerry Curran, at Gerry.curran@courts.ie

Courts Service Protective Measures and Actions

• Limiting the necessity to attend court buildings:
  • 180 remote/ virtual hearings have taken place in September alone. With the  imminent start of the new legal year and the return of full-time Superior Courts this number is set to increase. During the first four months of Covid, the Courts Service, working with the Irish Prison Service, facilitated 6,109 video links to prisons in comparison to 3,798 for the 12 months in 2019.
  • An average of 44% of approximately 3,700 licensing applications have been received online since the eLicensing system was launched nationally on 3^rd July 2020. Refunds, as a result of fee waivers directed by the Government or the Court, can be facilitated centrally for licensing applications submitted online, equally eLicensing online can support amended or waived court fees.
  • The Probate Office and Revenue project launched last month. Introducing a new first stage to filing and processing an application for probate or administration with Revenue through a new online version of the Inland Revenue Affidavit (Form CA.24), called the “Statement of Affairs (Probate)” (Form SA.2). The aim being to reduce previous common errors, as well as allowing applicants file efficiently from their office or home.
  • Courts Offices continue to facilitate applications by post, DX or Drop Box.  
• Visitor numbers in court – the Courts Service have reviewed the entire estate of court buildings, to determine the safe capacity for each individual court room, based on furniture, configuration and physical layout. Capacity numbers are displayed outside each court room and monitored for compliance. In order to adhere to safe capacity numbers the staggering of case lists are in operation.
• Jury trials – Court buildings have also been assessed to determine which venues can be used for jury trials in order to ensure public health and safety guidance can be followed. As a result, in some areas court buildings/ court rooms were found not to be appropriate for jury trials and the Courts Service have sought alternative venues. Over the summer and initial autumn months the safe empanelling of juries has taken place in Dublin, Cork, Limerick, Waterford, Letterkenny, Trim, Drogheda, Kilkenny, Mullingar, Castlebar and Galway. Plans are in train for Tullamore, Wexford and King's Inns in the coming weeks. Additional safety measures have been put in place in these venues to ensure the safety of jurors attending.
• Standard signage is in place in all court buildings to remind staff and court users of the public health and safety guidance and advice; to keep a 2 meter distance from others, to wear face coverings, to practice good hand and respiratory hygiene at all times and to not attend court with symptoms associated with Covid-19.
• The Courts Service have been monitoring compliance with Covid-19 measures with the assistance of staff Worker Representatives. Daily compliance checks are returned. A digital solution to enable online, real-time reporting and enhanced data analysis will be implemented in the coming weeks.
• Courts Service Staff – where possible staff are being advised to work from home and ‘return to work protocols’ are in place for staff coming back into the office. 

Friday 25 September 2020; The Courts Service has reviewed the measures for Level 3 currently applying to the Donegal and Dublin areas, as detailed under the Government’s Resilience and Recovery 2020-2021: Plan for Living with Covid-19. Courts staying open to provide safe access to justice is a key priority for Government. The courts therefore continue to stay open with protective public health measures in place, to support the safety of all staff and court users. Where working from home is possible, staff continue to do so. If changes to court sittings or lists are required, for any reason, that information will be available on www.courts.ie and on Twitter @CourtsServiceIE

Only those who have business in court buildings and those summoned for jury duty should attend. Court users are reminded of the public health practices now familiar to us all – wearing a face covering, good hand and respiratory hygiene at all times and not attending court if you have symptoms associated with Covid-19.  The Courts Service video demonstrates what is expected of court users during the current pandemic. Please click the link above to view the video.

Further Information

For queries relating to Jury Summons please contact the number provided on your summons.
Media queries should be sent to the Courts Service media relations office: Mr Gerry Curran, at Gerry.curran@courts.ie

31st July. The President of the District Court in consultation with the Chief Justice and other Court Presidents has decided that the following additional measures concerning the business of the Court will be implemented from the 1st September 2020. These measures are a necessary response to the developing COVID-19 situation and the continued need to focus on prevention of community spread of COVID-19 while ensuring access to justice in a manner fully respecting public safety and considering Government public health advice

Regular business in the District Court will resume as much as is safely possible from 1st September 2020. Business must continue to be conducted in accordance with public health guidelines. This means changes to the administration of the business of each court will be necessary to ensure public safety.

We will be limited to the number of people that can safely be present in any of our court buildings and court rooms at any time. Accordingly, we must put in place measures to better regulate the numbers required to attend courts to ensure that court buildings do not become overcrowded.

This will include courts adopting measures to schedule the court day according to business and the scheduling of hearings. Details of the schedule adopted by each court in the Dublin Metropolitan District (DMD), District 13 Limerick and District 19 Cork across criminal, civil and family law business is published with this statement and will be set out on the Court Service Website. These schedules will come into effect from 1st September 2020.

There may be some variations in the volume of work that can be safely carried out in different Districts as some court buildings will have a greater capacity for waiting than others, therefore it will be important to be familiar with the schedule for the court that you are attending. Also published with this statement are plans for District 1 County Donegal, District 4 Counties Galway & Roscommon, District 7 County Galway, District 9 Counties Longford & Westmeath, District 22 Counties Carlow and Kilkenny, District 23 County Wexford and District 24 Waterford City. Practitioners are advised to contact local offices to establish measures that are being taken locally.

From 1st September 2020 all persons summoned or bailed to attend court must attend unless expressly excused by the presiding judge.

In all District Courts only persons who have been summoned to court or who have business listed before the courts should attend at court buildings for the foreseeable future. Exceptions will be made for advocates or support workers to attend with vulnerable witnesses.

People whose cases have been block adjourned or remanded will be notified by the Court Service, the relevant prosecutor or their solicitors of the date and time they are next due to be in Court. Those with business before the court are asked to come to court only at the time specified. Legal practitioners are asked to have their instructions taken in advance of the court event and to have any settlement talks in advance of court appearances.

Those attending court are requested to observe public health guidance regarding social distancing, hand hygiene, cough/sneeze etiquette and use of face coverings while in the court building. The Court Service has set our guidance on how to access the courts safely and we expect all court users will always observe this guidance.

The numbers that may be present in court will also be limited to the number that can safely be accommodated in accordance with social distancing guidelines. There may be times when those not actually necessary to the conduct of the case before the court may be asked to leave and we ask for your cooperation in this regard. The Court Service has put measures in place to help people safely navigate their way through court buildings and again we ask for your cooperation. In the event that courts cannot be conducted safely Judges may have to suspend cases until a safe environment can be achieved.

We are encouraging all matters before the District Court to be concluded with as few court events as possible and we appreciate the cooperation of An Garda Síochana, the Office of the Director of Public Prosecutions and legal practitioners and all court users in this endeavour.

Where possible we will be using live television links for remote courts to avoid people having to physically come to a court. In the District Court this will most likely be for call overs of family law or child care matters, for some (mainly interlocutory) hearings in child care matters, and perhaps for some ex parte family law applications. Prisoners will continue to appear by live television link wherever possible.

These measures will be constantly reviewed in line with public health guidelines and may be subject to change as the guidelines change or our experience suggests changes are required.

His Honour Judge Colin Daly
President of the District Court
31st July 2020

Details of plans for the safe conduct of business for the Dublin Metropolitan District, Carlow, Cork, Donegal, Galway, Kilkenny, Limerick, Longford, Louth, Roscommon, Waterford, Westmeath and Wexford can be found at this page.

All persons attending any court venue are expected to strictly comply with current public health guidance concerning Covid-19.  Physical distancing (currently 2m) must be maintained at all times and all attending should engage in frequent handwashing and comply with respiratory etiquette.   

Whilst face coverings are not mandatory at present, it is strongly advised that all persons, save for those who for medical or other welfare considerations cannot wear a face covering, should do so unless giving evidence, questioning a witness or addressing the court.  Anyone wishing to use a face covering when addressing the court or giving evidence should be permitted to do so, unless the presiding judge considers the same prejudicial in all of the circumstances.

The wearing of a face covering does not lessen in any way a person’s obligation to comply with social distancing and other public health guidance.  

Finally, for your own safety and that of others, please ensure you use your face covering correctly and safely.  Do not place it on any surface and ensure that you dispose of it safely.

‘Briefing on expansion plans for ongoing work of the High Court - Civil Litigation’
A statement from President Irvine

Friday 17 July 2020: In order to prevent the spread of the Covid-19 virus, on 13th March, 2020, the then President of the High Court made a statement to the effect that the High Court would only sit for limited urgent matters including habeas corpus, extradition, bail applications, injunctions, Wardship and urgent judicial review applications.  In so doing, he announced that no new witness actions would commence before the end of Hilary Term.  Later, on 16th May 2020, he directed that for the remainder of the Easter Term, no new cases or trials should begin, even if they did not involve oral testimony from witnesses. He also gave directions that certain motion lists be adjourned generally with liberty to re-enter.

Current Position

As the Government’s plan to reopen society has progressed, the High Court has been in a position to resume some of the work it had earlier postponed due to Covid-19 considerations. Subject to current Department of Health advice and the restrictions necessary to best protect the safety of court users, the High Court is now in a position to resume work across all divisions including the hearing of proceedings requiring oral testimony.  However, the need to comply with public health guidance and in particular social distancing requirements will mean that the High Court will not, in the near future, enjoy the same resources that it did prior to the onset of Covid-19.  And, to compound matters, such arrears of work as have built up due to Covid-19 must now be cleared.  In response to this unprecedented situation, in addition to the service routinely provided to deal with urgent matters in August, the members of the High Court have agreed to sit in September in order to hear and determine applications and proceedings that were postponed due to Covid-19. Many Courts have already commenced upon the task of clearing backlogs.

Extensive information on each area of work / lists is provided herein, please click on the relevant link to access the specific work area/ list.

1.      Resources
2.      Asylum
3.      Extradition
4.      Chancery
5.      Commercial Court
6.      Ex Parte Common Law Applications
7.      Competition List
8.      Hague Convention List
9.      Insolvency/Bankruptcy/Examiner’s List/Restriction and Disqualification of Directors
10.         Family Law
11.         Non-Jury/ Judicial Review
12.         Personal Injury Proceedings
13.         Probate

Thanks

I would like to take this opportunity to thank the members of the High Court, the Court’s registrars and all court staff who have worked so hard throughout this particularly difficult period to keep the courts functioning to the maximum extent possible. I am particularly grateful for the fact that they worked through the Whit Vacation and will work throughout the month of September to minimise the prejudice to litigants resultant upon the Covid-19 pandemic.  And, they will continue to provide emergency support across all divisions throughout the month of August.

I am particularly appreciative of the fact that judges, registrars and court staff have so willingly agreed to take on the significantly increased workload necessary to help ready the buildings for use as part of the wider reopening that is now proceeding.  Finally, my special thanks to the registrars and court staff for their continued assistance in devising systems which will allow for much of the court’s work to be carried out remotely but which will create for them a significantly increased workload.

Mary Irvine
President of the High Court

1.Resources

Because of the greatly reduced numbers of persons who may safely be accommodated in courtrooms due to social distancing requirements, only a limited number of available courtrooms are suitable for the hearing of cases requiring oral evidence and multi-party actions will pose a significant challenge. To preserve courtrooms for those cases which can only be dealt with by way of a physical hearing, steps are underway to ensure that all proceedings and applications as may justly be determined without oral evidence will be heard remotely. The onus will be on a party contending that a matter may not justly be determined without oral evidence to so establish.  The success of remote hearings will depend upon the parties adhering to such Practice Directions or other Directions as may be made and to compliance with such requirements as there may be concerning the lodgement of papers and authorities.

A significant benefit of transferring work to remote platforms will be the fact that remote hearings should be “Covid-19 proof” in the event that a second wave of the virus leads to the introduction of new or additional health and safety restrictions.

It is hoped that by the start of October 2020, all High Court courtrooms will be capable of being used for either physical or remote hearings thus maximising their potential usage. Nonetheless, it is likely that from time to time cases listed for hearing either remotely or physically may have to be adjourned due to lack of resources.

As part of this reopening, and in line with Government advice, courtrooms will accommodate very limited numbers of people. This means that access to the courts will in practice tend to be limited to the lawyers in the case, and perhaps one or two litigants, with the occasional court reporter. The level of access will depend on the size of each courtroom and its prescribed maximum occupancy. In the interests of public health, all court users are respectfully requested to adhere to the prescribed maximum occupancy numbers and to comply with any related Practice Direction or other directions as may be given by a presiding judge or their Registrar to ensure that hearings proceed safely as possible.

What follows is a brief outline of the work planned or underway in the busier divisions of the High Court. For information about work in areas other than those mentioned below, please consult the Office of the Principal Registrar, Mr. Pat Treacy.

2.Asylum

The Asylum List is fully operational and is now working entirely remotely save for cases in which one of the parties is not legally represented. 

3.Extradition

The Extradition List is up to date. New cases will be listed on the 18th August and 8th and 29th September 2020.

4.Chancery

Notwithstanding Covid-19 restrictions, all urgent matters such as applications for injunctions and petitions to wind up companies, were heard in accordance with standard practice.  Almost all cases listed for hearing that were adjourned generally and did not involve oral testimony, have since been heard or assigned a date for hearing.

On 30th July 2020, cases previously adjourned generally will be assigned new hearing dates.

On 15th October 2020, new cases which have been certified as ready for hearing will be assigned hearing dates.

On 22nd October 2020, any outstanding matters such as motions, for mentions etc. which were adjourned generally will be assigned dates.

The Chancery 1 Motion list has resumed, and judges will sit throughout September 2020 to clear the backlog of approximately 147 motions.

The Chancery 2 Motion list has also resumed.  Following additional sittings due to take place on 7th and 8th September next, the list will be up to date.

Plans are advancing to ensure that as much work as possible in the Chancery lists is done remotely. At this time, it is not proposed to hear any application or proceedings in which one of the parties does not have legal representation, remotely. However, that is a situation which will remain under review.

Parties are asked to monitor the Courts Service website and the Legal Diary for Practice Directions as may apply to Remote Hearings and the delivery/filing of Written Submissions in Chancery matters.

5.Commercial Court

Notwithstanding Covid-19 restrictions, cases and applications in the Commercial Court continued to be heard. Such cases included judicial reviews (including planning cases with the commercial aspects), public procurement cases, statutory appeals, injunctions, applications under the Companies Acts (including schemes of arrangement), Insurance Acts applications and European Cross-border Merger applications. Almost all of those cases which had to be adjourned due to Covid-19 restrictions have been dealt with in recent weeks.  No case involving oral evidence has been heard in the Commercial Court since 18th March 2020. Such cases were either settled or had to be adjourned. It is hoped that, in accordance with Practice Direction HC 91, those cases which were adjourned for Covid-19 considerations will be heard with effect from September 2020.

There will be at least one judge assigned to the Commercial List each day in August (for urgent matters) and in September 2020. There will be two Commercial motion lists in August (11th and 25th) and five Commercial motion lists in September (1st, 8th, 15th, 22nd and 29th) (all Tuesdays and all to be heard remotely). In addition, a number of cases/applications have been listed for hearing in September.

Each Friday at 10.45am there is a callover of all cases/applications listed for hearing the following week. Parties must email the registrar by 4pm on the Wednesday of that week to obtain details of the VMR for the callover.

Hard copy papers for cases/applications listed for hearing in the following week’s Commercial List must be delivered to the List Room of the Central Office by 4:30pm on the previous Wednesday with soft copies emailed to the registrar by the same time. (See Notice in Legal Diary)

The Commercial motion list resumed on Monday 25th May 2020. The moving party must lodge hard copies of the motion papers in the List Room of the Central Office and send soft copies by email to the registrar (copied to the other parties to the motion) by 4:30pm on the preceding Wednesday (see Notice in Legal Diary). The moving party must also email the registrar by 4:40pm on that Wednesday in order that the details of the Virtual Meeting Room (VMR) can be furnished to them. The email must include email contacts for the other parties to the motion. At present, the registrar emails the other parties with the relevant details.

6.Ex Parte Common Law Applications

This list recommenced on 29th June, 2020.  It is no longer possible to move such an application without prior notice.  Practitioners are referred to the Notice in the Legal Diary setting out the new practice.  

7.Competition List

The Competition List is operating in accordance with standard practice.

8.Hague Convention List

In light of the international obligations involved in this list, and the nature of the applications, the list has been managed throughout the Covid-19 pandemic.  Interim and final consent orders have been made and directions have been given remotely in order to ensure progress in the proceedings.  Physical sittings recommenced on 27th May 2020.  A number of matters are almost ready for hearing and it has been determined that these are suitable for remote hearing.  It is expected that any matter that is ready for hearing can be given a date for a remote hearing in early course. 

9.Insolvency/Bankruptcy/Examiner’s List/Restriction and Disqualification of Directors

The Restriction and Disqualification of Directors List has been adjourned until 19th October 2020.  The Insolvency List has been operational since the statement of the President of the High Court of 8^th May.  The same position pertains in relation to the Bankruptcy (Examiner’s Office) List.    Plans are being made to ensure that as many of these applications as possible will be heard remotely.

10.Family Law

The Family Law Court has been sitting since 8th May 2020.  On 20^th July, 2020, there will be a list to fix dates for September and the Michaelmas Term. 

11.Non-Jury/ Judicial Review

All cases that were adjourned due to Covid-19 restrictions were recently called over with a view to offering parties a hearing date. To reduce the prejudicial effects of Covid-19, judges will sit in September 2020 to hear cases which do not require oral testimony. It is planned that such hearings will be carried out remotely, save where one of the parties is not legally represented.  With effect from October 2020, dates will be fixed for cases where oral testimony will be required. At present there are no plans to hear such cases remotely. However, that situation will be kept under constant review. New IT platforms are being trialled and if successful, may allow such cases to be heard remotely at a future date. Parties are asked to monitor the Courts Service website for Practice Directions as may apply to remote hearings and the delivery/filing of written submissions.

The callover of the Monday Non-Jury list is held at 10:45am when cases are assigned. All papers for such hearings must be lodged no later than 5:00pm on the previous Wednesday. Consent orders and consent adjournments should be notified by email in advance to the Registrar assigned to the Court 6 list. As and from October 2020, it is expected that this list, save for those cases/applications involving a party who is not legally represented, will be heard remotely. 

Papers and supporting documentation for ex parte applications for Judicial Review must be lodged no later than 4:30pm on the Thursday preceding the application.

12.Personal Injury Proceedings

Until 14th July 2020, because of Covid-19 restrictions, the hearing of personal injuries actions had to be suspended. On 14th July the hearing of personal injuries actions resumed in Dublin, albeit with a somewhat reduced daily list (15) due to the reduced availability of Covid-19 compliant courtrooms. A remote callover takes place each morning at 10.15am. Apart from specially fixed cases, which will be assigned on a priority basis, all other cases will be assigned by lottery in the customary way.  Personal injury sittings will also take place this month in Cork Limerick and Kilkenny. All such sittings will be conducted in accordance with current Department of Health guidelines.

Every effort will be made to ensure that cases postponed since 18th March 2020 will be determined as a matter of priority. And, in order to alleviate the consequences of Covid-19 for personal injuries litigants the High Court will sit through September. For further information, see the Notice in respect of the Personal Injuries list - July to September 2020 on the Courts Service website.

All motions postponed by reason of Covid-19 are presently being heard and new motions may be now issued returnable for the Michaelmas and Hilary Terms. Parties and their legal advisers are asked to keep a close eye on the Legal Diary and the Courts Service website as it is anticipated that there are likely to be changes to the manner in which common law motions are currently listed and heard in an effort to future proof them against the consequences of a further Covid-19 surge.

13.Probate

The Probate List will be fully up to date by the end of July 2020.  It is anticipated that all Probate applications will be heard remotely as and from October 2020.

10th July 2020. At the beginning of the COVID-19 crisis it was necessary, for reasons of public safety, to significantly reduce court sittings but it was also necessary to ensure that urgent cases continued to be heard.  As the restrictions adopted by government have come to be loosened it has proved possible to increase the number of sittings across all of our courts.  However, the level of business still remains significantly below that which can be conducted in normal times.  

It was necessary for the judiciary and the Courts Service to ensure that any increase in sittings met the government’s return to work protocols although, in reality, the courts were not returning to work for they had never closed.  

A further comprehensive assessment of the ability to provide a much expanded range of court hearings has been conducted over recent weeks and it is now possible to identify further significant increases in court throughput.

Read the Chief Justice's Full Statement

Chief Justice update on the ongoing business of the Supreme Court

With one exception all appeals to the Supreme Court since initial government guidance was issued in mid-March have been conducted remotely.  That situation is likely to continue for the immediate future although the Court will seek to arrange either a full physical hearing or a so-called hybrid hearing (where some only of those involved are in a courtroom) where it considers that the interests of justice so require.  As noted in the statement above, appellate hearings are more suitable for remote conduct than other types of case such as witness actions.  As also noted in the general statement every case conducted remotely frees up space for the hearing of cases which are not suitable for such hearings.

I would also like to draw attention to the fact that there has been a reduction in the number of appeals coming to the Supreme Court which may well, in significant part, be due to the reduced number of cases which have, in the recent past, been able to have been conducted in both the High Court or the Court of Appeal.  A significant increase in the throughput of cases in those courts is underway.  It is, therefore, expected that the number of cases coming to the Supreme Court will shortly return to normal.  The Court has been taking advantage of the temporarily reduced number of new cases to implement new procedures, bring the delivery of reserved judgments up to date and minimise the time between the grant of leave to appeal and the hearing.  It is currently anticipated that all cases in respect of which leave to appeal has been or will be granted before the end of July will be in a position to be offered a date for hearing before the end of November.  Likewise, it seems likely that any cases which are given leave to appeal during August and September will, if they can be made ready in time, be heard before Christmas.

Statement of the President of the Court of Appeal on the Court's continued business

In the aftermath of the then Taoiseach’s statement on St. Patrick’s Day, the Court of Appeal began to make preparations to hear appeals remotely. The first such appeal was heard on 20th April 2020, and since then, some 125 appeals have been heard.

The Court of Appeal continues to deal with a number of appeals on both the Civil side and Criminal side of the Court on a daily basis. On a typical day, appeals are heard in three virtual courtrooms. Appeals for remote hearing are listed in the Legal Diary up to 31st July 2020. It is expected to deal with close on 50 cases during that period. The Court has been in a position to respond positively to requests for priority hearings and would hope to be in a position to continue to do so.

It is intended that the Court of Appeal will sit to deal with appeals during September 2020.

Read the President's full statement

June 26th 2020: Statement of President of the High Court regarding the Personal Injuries Claims listed in the Legal Diary for the 23, 24 and 25 June

When I applied for the position of President of the High Court I promised that I would do everything in my power to minimise the effects of Covid 19 on those requiring access to justice. And, in making this statement today I am taking my first step towards meeting that promise.

Because of the notice which has appeared in the legal diary in recent days, I am proceeding on the basis that it is principally members of the legal profession who practice in the area of personal injuries litigation that will note the content of this short statement. However, the statement is also relevant to those whose business it is to indemnify individuals or entities against claims for negligence, because it is they who, in most cases, decide which cases are fought and which are settled and, if settled, for how much. And, all who I have mentioned have an important role to play in the administration of justice.  

Because of social distancing and other safety issues, finding a way to safely and justly hear cases involving numbers of witnesses presents a challenge that is unlikely to be entirely overcome in the short term.  Regrettably, because personal injury claims fall into this category, 320 claims have been postponed since 18th March 2020.   And, whilst it is hoped to restart some level of personal injuries litigation in the coming weeks, I am absolutely confident that with your help the hardship that will otherwise be visited on the many litigants whose claims have been adjourned or will in the immediate future be adjourned through no fault of their own, can be greatly reduced. As major stakeholders in personal injuries litigation you, the people I have just mentioned, have that power, as I will now explain.

Read the full statement.

June 18th 2020: The informational video at the top of this page details the measures the Courts have taken, in partnership with the Chief Justice and the judiciary, to ensure that cases are conducted in line with Government and HSE guidelines, requirements and protocols. Launching the video virtually to staff this afternoon Angela Denning Chief Executive, Courts Services said:

‘As committed as we are to doing as much business as we can, our priority is the duty of care we have to staff and anyone entering our buildings. We are advising that only people with essential business should be coming to court during the pandemic.’

The video is part of the COVID-19 Response Management Teams Safety Management Programme to be finalised this month. The development of the programme has involved an extensive review of court buildings and how the business of the courts is coordinated, as well as collaborative work across the courts system. Speaking about the COVID-19 Response Management team’s work Ms. Denning added:

‘The courts are a unique set of public buildings and constitute for our staff and other court users a very unique workplace, therefore we need a custom-made health and safety programme in response to the Government’s recently released protocols and in keeping with best Health and Safety practice.’

For media queries please contact Gerry Curran at

+353 1 8886469 / +353 87 2458304
or by Email:
gerry.curran@courts.ie

8 May 2020: Courts Service COVID- 19 Update 

Courts will extend use of virtual remote court hearings, and organise more physical hearings in the coming weeks. Courtrooms are being laid out with physically distanced spaces. Cases will be listed at staggered times and distinct case types will be organised differently.

The Chief Justice has indicated that more use of Virtual Courts and the extended use of safe physical courts, with organised physical distance, will allow for an increased number of cases to be heard to in the coming weeks. As safety is paramount it will be necessary to ensure that all measures are in place before a significant increase in throughput can take place.

He said that "it is important to emphasise that the Courts Service has, for some time, been working on a range of both physical and organisational measures to enable a significant increase to take place in physical hearings.  Those measures are designed to maximise the safety of the environment in which physical hearings can be conducted.  The implementation of those measures will allow the presidents to plan for many more physical hearings".

The Chief Justice went on to say that these measures may well be in play until the second half of 2021. The measures he said, " important as they are, will not allow a throughput of cases on the scale which operated prior to restrictions being put in place.  It remains unrealistic to anticipate that all courtrooms in all courthouses will be able to operate at or near the level which existed prior to the crisis".

Even if additional suitable venues can be identified there will still be significant limitations.  It is for that reason that the use of remote hearings in those cases for which they are suitable, must remain an important part of the medium term solution".

Specific statements from the Chief Justice and the president of each court jurisdiction are published today, outlining what is to happen in each court.

Short details of each courts new arrangements with links to each statement in full are contained below.

The full text of the Chief Justice’s overview statement is contained at this link:  

General Statement of the Chief Justice

Angela Denning, CEO of the Courts Service has said that :

"The Courts Service has established a team comprising front line staff from across the courts to agree measures to be applied in every courtroom as health restrictions are eased and we increase the numbers of cases being heard."

She said that "working with the Presidents and judiciary in each court the Courts Service was organising increasing workload  in a cautious, conservative, safe and innovative way,  to allow access to justice whilst also maintaining social distance and safety".

"The Service has fitted out a prototype courtroom in Naas, designed to address safety concerns and social distancing requirements. Screens will be provided for Judges, staff and witnesses, along with floor markings, 2m distancing signage etc. These measures are already in some courtrooms".

Ms Denning announced that the Courts Service this week has created a new position and appointed a full time Health & Safety Officer whose responsibilities include reviewing the proposed measures to ensure that we are compliant with all necessary legislation and public health advice.

She announced that the Service is establishing a consultative user group to ensure that court users are involved in informing decisions.

Use of Virtual Remote Courts, and video conferencing in courts:

The use of video conferencing (in between prisons and courts) has dramatically increased to facilitate defendants in custody appearing in court via video conference for bail and remand hearings.  In April 2020 there were 5080 video conference calls between courts and prisons, representing an increase of 400% on the number of such calls in April 2019.

Many of these video calls would involve multiple cases so the number of cases and defendants dealt with in this manner would be far greater than the number of calls. This used existing courts ICT infrastructure.  Reducing the need for prisoners to travel to and from prisons to courts mitigated the risks associated with the spread of COVID -19 in the prison population.

Also using existing resources, 47 courts have been held remotely (Virtual Courts). Most of these were in the appellant courts in the Supreme Court and the Court of Appeal, who dealt with call over lists, case management hearings, civil and criminal hearings in this manner. Many of the virtual sittings dealt with several or more matters.

Highlights and links to full statements made by the Presidents of each court can be found below: