Galway - Personal Injuries Actions - Notice re actions listed for sessions commencing 1 February 2021
At the call over on Wednesday 27 January 2021 at 2pm of the 10 cases listed each day during the sessions commencing 1 February 2021 each party should be represented to advise the Court on whether there:-
- is a specific need for the determination of the proceedings in February 2021;
- are arrangements organised prior to or for the date of said listing for legal representatives (to be identified on Wednesday 27 January) to discuss narrowing the issues;
- may be an application for the Court to afford an opportunity for examination or cross examination of any witness (using Pexip or otherwise as agreed between the parties) on or before the day of listing;
- may be an application for pre-trial directions such as for the exchange of witness statements, written offers or interlocutory orders; and
- are expert opinions agreed.
Practitioners are advised:-
- the High Court (subject to what emerges on Wednesday 27 January) may be in a position to offer a trial hearing of issues arising in proceedings already in the list, to be heard remotely using the Pexip platform in Galway during the period 1 February to 10 February.
- the Court will try to list at least two hearings by Pexip each day.
- In respect of any case or issue scheduled for a remote hearing, the solicitor for the plaintiff shall be given directions by the Court for delivery of (i) a book of pleadings (ii) a booklet of reports from experts intended to be relied upon (iii) a booklet containing any other material which a party proposes to introduce into evidence or put to a witness in the course of examination or cross examination and (iv) an indexed schedule of special damages with vouchers for sums in dispute.
- The trial judge will not consider documents so delivered save for the booklet of pleadings until such time as the hearing commences when the parties can advise the Court of any agreed basis for the Court to use them.
- A remote hearing should not be sought where it is proposed to introduce a document by way of surprise.
In consultation with both branches of the profession, the efficacy of such remote hearings will be reviewed on a daily basis during the sessions.