High Court - President's Notice – Hilary 2022 - Management of Dublin Court Proceedings
With effect from the 11th January and until further notice the following is a summary of the manner in which proceedings and applications will be heard in the High Court. The default position will be that all witness actions will be listed for a physical hearing. Certain proceedings which do not require oral evidence (“affidavit cases”) may be listed for a remote hearing (see details below). And, many applications customarily heard on a Monday will be listed for a remote hearing. Only proceedings and applications that can he heard as fairly and effectively as they would be heard in the course of a physical hearing will be listed for a remote hearing. In all cases parties will be entitled to apply to have the case listed otherwise than in accordance with the default position indicated in this notice.
Virtual Court Links
For members of the legal profession Virtual Courtroom Login Details for the Hilary term for individual High Court Judges can be found at the following websites:
For anyone who is unrepresented and a party to a matter before the High Court please contact HighCourtVMR@courts.ie. When contacting please provide the name of the case, record number, court date and Judge (if known) and how you are associated with the matter before the court i.e. plaintiff, defendant, respondent or other.
Due to limits on the number of participants please ensure you make your connection proximate to when your matter will be called and when finished to disconnect to ensure availability to others accessing the virtual court.
Substantive Civil Proceedings
1. Chancery proceedings
(i)The default position will be that, unless otherwise ordered, all actions will be listed for a physical hearing. Cases may be heard remotely where the parties agree or by direction of the Court.
(ii) In every case, whether the hearing is to be physical or remote, papers should be lodged in accordance with current practice by no later than 14:00 on the Thursday of the previous week.
(iii) Every Thursday the cases for the following week will be called over immediately following the call over of cases listed for hearing that day.
(a) The call over each morning will be taken remotely at 10.00am
(b) the List For Mention and to Fix Dates on Thursdays will be taken remotely
2. Civil Jury actions
(i) All Civil Jury actions will be listed for a physical hearing and will be heard at a venue to be notified where the Courts Service has rented facilities sufficiently large to allow such actions take place in an environment that is as safe as possible.
(ii) The list of cases scheduled for hearing week commencing April 26th 2022 will be called over remotely on the 24th March 2022.
(iii) During the sessions, a physical call over will take place at 10.30 am each day.
(iv) Hard copy papers must be lodged by 1pm on the Thursday which precedes the hearing date.
3. Commercial Court proceedings
(i) In the case of witness actions, hybrid hearings should be availed of wherever possible. Subject to that criterion, the default position will be that, unless otherwise directed, the Court will sit physically to hear such actions. However, witness actions may be heard fully remotely where the parties agree or by direction of the Court.
(ii) Proceedings or applications which are to be heard on affidavit will, in general, be heard remotely unless otherwise directed by the Court. All matters listed for mention before the Court will also be listed remotely unless otherwise directed.
(iii) A remote call over of cases scheduled for hearing the following week will take place every Friday at 10.30 am.
4. Commercial Planning and SID proceedings
(i) The default position will be that, unless otherwise ordered, all witness actions will be afforded a physical hearing. Witness cases may be heard remotely where the parties agree or where the Court so directs. Where cross-examination on affidavit is directed in respect of any motion or substantive hearing, the default will be that, unless otherwise ordered, such evidence will be taken in a physical hearing but the remainder of the application/ action will be dealt with remotely.
(ii) In respect of all proceedings or applications which are to be heard solely on affidavit, the default position will be that the proceedings or applications will be heard remotely, unless otherwise directed by the Court.
(iii) Existing arrangements and listing times will continue until further notice.
(iv) The Monday list including the weekly call over will be held remotely in accordance with the existing Practice Direction.
5. Family Law proceedings
(i) The default position will be that, unless otherwise ordered, all proceedings will be afforded a physical hearing.
(ii) Applications for a remote or hybrid hearing should be discussed between the parties and made at the List to fix dates. If necessary late applications may be made on another Monday after the hearing date is fixed. Any party wishing to pursue such an application on a Monday after the hearing date is fixed, on consent or otherwise, should, by email to the registrar (copied to the opposing party) request that the case be listed for such purpose on a Monday at least 14 days in advance of the hearing date. The said email should set out the circumstances supporting the application.
(iii) The normal Monday List – i.e. Motions and Directions – will continue to be heard remotely.
6. Hague Convention proceedings
The default position will be that all Hague Convention cases, unless otherwise ordered, will continue to be heard remotely.
7. Special Care Proceedings
The default position will be that all Special Care cases, unless otherwise ordered, will continue to be heard remotely.
8. Non Jury /Judicial review/asylum proceedings
(i) The following matters will continue to be heard remotely:
a. Non-Jury matters listed for a Monday, save where witness evidence is required e.g. Circuit Court Appeals.
b. Judicial Review ex parte applications.
c. “For Mention” and “Directions” lists on Monday, Tuesday and Thursday.
d. Case management list on Wednesdays.
e. Callover list on Thursdays.
f. Asylum matters.
g. Non-Jury/Judicial Review cases listed each Tuesday and Thursday which will conclude in less than one and a half days where no witness evidence is required
Matters for Hearing
(ii)The default position will be that physical hearings will take place for the following matters (and only where this is indicated at the positive callover- see below)
a. Non-Jury/Judicial Review/Asylum matters where witness evidence is required; and
b. Cases and applications in which witness evidence is not required but which will take in excess of one and a half days to be heard.
(iii) Practitioners should note that where a physical hearing is indicated the court must be informed of this at the call over of hearings the previous Thursday (at 10 a.m). Applications for physical hearings cannot be made to the registrar following the call over of hearings..
Lodgement of Papers
(iv) Current directions for the lodgement of papers (including written submissions) will continue, see notice of the 11\11\20 High Court Civil Proceedings – Notice regarding List Room. Papers must be lodged in all cases, both for physical and remote hearings, no later than close of business the previous Thursday.
Legal Diary and Assignment of Hearings from the List
(v) The legal diary should be consulted for the start times of the list. The Legal Diary will indicate that the list will be held remotely: http://legaldiary.courts.ie/high-courIf a matter has been assigned for hearing from the Non Jury/Judicial Review List, the name of the judge to whom it has been assigned will appear in "Today's Cases" and it will not appear in this list. If it has not been assigned for hearing, it will appear in this list.
9. Personal Injuries proceedings
(i) The default position will be that, save where otherwise ordered, all cases will be afforded a physical hearing. Parties are encouraged to avail of hybrid hearings wherever possible and are encouraged to only bring such witnesses as are necessary for the trial to court. However, personal injuries actions may be heard fully remotely where the parties agree or by direction of the Court.
(ii) The call over each morning will take place remotely at 10:30.
10. Wardship Applications.
Save where otherwise ordered, all wardship proceedings and applications will be heard remotely.
11. Bail Applications
The hearing of Bail applications may return to Cloverhill subject to consultation with the Court Service. When plans are finalised, a notice will be placed in the Legal Diary and on the Courts Service website.
12. Extradition Applications
Hearings will proceed as heretofore. Applicants will be physically present where and as required by statute.
13. Masters Court
Hearings will proceed as heretofore.
1. Central Criminal Court proceedings
Due to Covid 19 considerations, trials in the Central Criminal Court will not resume before the 24th January 2022. The situation will be reviewed on a weekly basis commencing the 20th January 2022 following which the updated position will be published on the Courts Service website.
The practice to be followed in the Central will remain unchanged except for one change in respect of the listing of trials. The prosecution and defence must give written notice to the registrar of the court if it is anticipated that a trial will exceed three weeks in duration. If either side anticipate that this will be the case, the notice should contain a statement of the reasons why this is so, a summary of the issues to be canvassed during the course of the trial and in respect of any issue to be canvassed.
2. Special Criminal Court proceedings
Practice as per Michaelmas 2021.
Monday Applications and Motion Lists
1. Bankruptcy List
Bankruptcy applications will continue to be heard remotely save where oral evidence is required. In such cases the default will be a physical hearing unless otherwise ordered.
2. CAB List
The CAB list will be heard physically. Practitioners and litigants are requested to keep a keen eye on the Legal Diary and on the Courts Service website in that this list, which has in the past routinely been heard on a Monday, may be scheduled for a different day of the week in the Hilary term.
3. Chancery Motions
(i) All Chancery motions will be heard remotely every Monday, commencing at 11:00 am.
(ii) In accordance with current practice, motion papers must be lodged by no later than 14:00 on the previous Thursday. Care should be taken to ensure that the papers are clearly marked Chancery 1 or Chancery 2, as appropriate.
(iii) All winding up applications will have a physical hearing.
(iv) Chancery motions adjourned generally due to COVID-19 can be re-entered by filing and serving an “Application to re-enter” to which should be attached a copy of the adjourned motion.
4. Chancery Special Summons List.
All applications will be heard remotely, unless otherwise ordered. A bound paginated booklet for use by the judge to be filed the preceding Wednesday by 1 pm. Adjournments to be notified in advance.
Special Summons proceedings adjourned due to COVID-19, can be recommenced by filing and serving of an “Application to re-enter” (to which should be attached a copy of the adjourned motion) returnable before the court grounded upon the existing proceedings.
5. Commercial Court Motion List
This list will continue to be heard remotely.
6. Common Law Motion Lists.
Motions will continue to be held remotely with the exception of Motions for the sitting of the Court in List 1 which will be afforded a physical hearing.
Common Law Motions for the Sitting of the Court adjourned due to COVID-19, can be recommenced by filing and serving of an “Application to re-enter” (to which should be attached a copy of the adjourned motion) returnable before the court grounded upon the existing proceedings.
7. Family Law Motions and directions hearings
These will be held remotely.
8. Garda Compensation List
Applications in this list will, unless otherwise directed by the Judge in charge of the list will continue to be heard remotely.
9. Personal Insolvency List
This list will be heard by way of physical hearing.
10. Professional Lists
All applications will be heard remotely, save where otherwise ordered.
11. Restriction and disqualification of Directors
Monthly list will continue to be heard by physical hearing.
12. Summary Summons Motion List
This list will continue to be heard remotely.
Summary Summons proceedings adjourned due to COVID-19, can be recommenced by filing and serving of an “Application to re-enter” (to which should be attached a copy of the adjourned motion) returnable before the court grounded upon the existing proceedings.
13. Examiner’s Court List
Monthly list will continue on the Pexip Platform. In cases where a respondent to a motion is unrepresented, VMR details must be provided by the applicant to the respondent and notice parties.
14. Wardship Applications
All wardship applications will be heard remotely, unless otherwise ordered.
15. Rulings in Infant and Fatal injuries claims
All ruling applications will be heard remotely, unless otherwise ordered. Papers to be filed the preceding Wednesday by 1 pm. Papers to include a bound, paginated booklet for use by the judge (in addition to original papers).
Application to re-enter referred to at 3, 4, 6 and 12 above can be found by clicking this link: Application to Re-Enter.
I would like to thank all practitioners and parties in advance for what I know will be their wholehearted co-operation in this plan which is designed to ensure that the High Court can maximise its work output while protecting the safety and welfare of all involved in the administration of justice.
President of the High Court
6th January 2022