Contacting the court

Commencing proceedings

Getting the matter listed

Adjourning a listing date

Getting a hearing date

Lodging papers

Getting access to ShareFile

Knowing about your case

Getting a copy of Orders made in court

Remote attendance

Fixing mistakes in legal diary / orders/ judgments

The location of the court

Other queries

The Monday List (“the List”) means the court’s schedule of short matters which is held on Mondays.  The main list is currently every other Monday within a court term.

The Legal Diary is an online publication of the court’s list. The main list is divided into a number of headings which are:

01           Leave / ex parte applications

02           Call Over of proximate hearings

03           Application for date expedited procedure (or other under 1 day)

04           At the request of the court

05           Motions – first return date or for hearing

06           At the request of the parties

ShareFile is the court’s online platform for the exchange and sharing of documents.  Each case has its own folder on the platform.  Participants in a particular case can apply for access to the folder for that case.

Filing means lodging papers in the Central Office of the High Court. 

A motion is a type of formal written application to the court filed in the Central Office. 

An affidavit is a sworn / affirmed statement of facts.

A grounding affidavit is an affidavit that is used to commence a court application.

A statement of grounds is a filed written statement of the basis of a judicial review application, including the relief sought, grounds for the relief, and the facts.

Judicial review is a specific type of court procedure, mainly used to challenge administrative decisions (including planning permissions or refusals).  Bringing a judicial review involves filing a statement of grounds setting out the basis of the challenge and a grounding affidavit.

Applicant means the party bringing the proceedings.

Respondent means the party against which relief is being sought by the applicant.

Notice party means a party against which relief is not being sought but who has a significant interest in the proceedings and who is therefore a party to the case.

Opposing parties means the respondent(s) and notice party (or parties) collectively.

Document management party means the party with overall responsibility to ensure that the papers are in order on the ShareFile folder.  The applicant is normally the document management party.

List Registrar means the court official responsible for carrying out the administration of the List.

Return date is the date on which a motion will first appear in the court schedule.

Adjourned date refers to any second or subsequent date on which a matter is listed after the first listing.

List to Fix Dates is a specific Monday List where applications can be made, by lodging a form in advance, to get a date for the hearing of a matter. 

Judicial assistants are the staff assigned to assist judges with their judicial duties.  List participants should generally channel their queries to the List Registrar and not to judicial assistants.

A perfected order is an order that is formally drawn up in writing by the Registrar.  Not all decisions of the court will require a perfected order.

Answer

You should send all correspondence and queries to environment@courts.ie

Note the court can only assist with purely procedural matters. It cannot give legal advice.

List participants are requested to correspond with the registrars in a non-contentious manner.

Do not copy judicial assistants unless requested to do so.

Please copy the other parties when corresponding with the registrar/court.

 Any issues on which conflict may arise should be raised in court.

Answer

Most proceedings in the List are by way of judicial review. In the case of judicial review, the rules of court require that you file a statement of grounds and grounding affidavit in the Central Office of the High Court in Dublin. If permission (leave) to seek judicial review is granted, you will also need to bring a formal application to the court by filing a notice of motion.

For other types of cases, rules of court specify the documents required to bring the proceedings.

When you file the required documents, you will be given a case record number. All subsequent documents filed in the case (for example, pleadings, motions, affidavits) must have this number marked on them.

There is no procedure to institute proceedings save by filing papers in the Central Office and on payment of stamp duty.  Urgent applications may be made in the case of an Intended Action but only on an undertaking to complete these requirements subsequently.

More about the Central Office here including a map:

https://www.courts.ie/content/central-office-high-court

Answer

You should contact the List Registrar at environment@courts.ie

If the proceedings have already been issued, you should provide the record number and a copy of the statement of grounds or other initiating document and grounding affidavit. They will provide you with a listing date (a date the matter will be listed in the court schedule).

Question

When are matters normally listed?

Answer

The main list will take place every other Monday in term.  Consult the online Legal Diary in advance of any Monday.

The legal diary is at https://legaldiary.courts.ie/high-court - use the drop-down menu to select Planning and Environment and then press “search”.

There will be a registrar’s call over at 09:30 of the main list, and the court will normally sit not before 10:30.  Times for sittings of individual judges on the list will be set out in the Legal Diary.

The registrar will be able to process consent adjournments / directions/ amendment of directions and similar matters and will be able to direct parties to the

appropriate judge if the matter is not going to be dealt with in the main list.

For the avoidance of doubt, list participants should apply the same decorum to proceedings before the registrar as before the court.

Question

What if my issue is urgent and can’t wait for the next regular list?

Answer

In the event of an urgent matter (for example – stays or injunctions, applications in relation to the management of a forthcoming hearing which cannot await the date in question, etc.), contact the List Registrar at environment@courts.ie seeking assistance in having the matter dealt with urgently.

If time permits, provide notice to the other parties and seek consent.

In the event of consent, it may be possible for directions to be given on the papers.

Note that in the absence of consent and depending on the circumstances, the court may propose a pragmatic approach to avoid a court listing, for example that matters proceed on a particular basis pending the matter being listed.

Question

What if my matter is already listed on a future date but I want to mention the matter to the court or bring a motion in advance of that date?

Answer

Contact the List Registrar who will normally be able to either list the matter or give you an earlier date to allow the Central Office to accept your motion.

Question

I got leave to bring a judicial review but failed to issue the substantive notice of motion by the assigned date, what do I do?

Answer

Ask the List Registrar if the court will direct a new return date on the papers (without prejudice to the position of the opposing parties)

Answer

For matters listed on a Monday, if all parties consent to an adjournment, then a request should be sent to environment@courts.ie by 2 pm on the Thursday prior to the Monday in which the matter is listed. The consent should be obtained in advance of emailing the Registrar.

If we receive an email by 2 pm on Thursday with consent from both parties, the matter listed for the following Monday will be adjourned.

If we receive an email after 2 pm, the matter will not be taken out of the published list and will be called, but the judge will be informed of the consent so there is no requirement to attend.

If there is no consent to an adjournment from all parties, then you must be present in court to seek the adjournment on the day.

Answer

The first step to getting a hearing date is to complete the checklist on the court webpage.

You should consult with the other parties and then submit the completed form to environment@courts.ie requesting a listing. The form is available to download at the end of this webpage https://www.courts.ie/content/planning-environment-list

If the time estimate for the hearing is 1 day or less (e.g., under the expedited procedure), you can request that the matter be listed on the next Monday list or any Monday list in order to fix a date – you don’t need to wait for the next List to Fix Dates.

If the time estimate is more than 1 day, then (except in cases of exceptional urgency) the matter will be listed in the next List to Fix Dates, which is a court sitting held approximately every one to three months. Parties who wish to apply for a date for a hearing will need to fill in and submit the form at least 7 days in advance.

The Court will list matters in a “virtual” sitting unless and until the completed checklist is received at least one week in advance of the List to Fix Dates.  This virtual sitting, which will be scheduled for the Friday prior to the List to Fix Dates, is for administrative purposes only and there will be no court sitting on that day.  Any matters for which a checklist has not been received will automatically be moved to a future “virtual” sitting date. 

Answer

ShareFile is a secure online platform used for uploading and managing all papers related to your case.

Question

Do I need to upload papers to ShareFile?

Answer

Unless the court has directed that some other party carry out this step, each party must upload all of its own papers relating to the case to the ShareFile.  The document management party (normally the applicant) must ensure that all of this is in order and must redress any gaps. These should be in searchable PDF format in so far as possible. The filenames must be in accordance with the practice direction (see PD126 §37, 43).

You will find more guidance on papers and ShareFile online here: https://www.courts.ie/content/planning-environment-list#_Toc169697272

Question

Which party is responsible for overall document management on ShareFile to ensure files are correctly named / located/ formatted?

Answer

The applicant is the default document management party unless parties agree (or the court orders) otherwise.

Question

What happens if another party has failed to upload its papers to ShareFile or has done so in an incorrect format?

Answer

In the first instance, draw the attention of the party concerned to their obligation to upload their papers in the correct format.   

If the document management party can rectify the matter, they should do so.   If there is no other solution, the matter can be raised with the court.

Question

Do I need to provide hard copy papers?

Answer

No. Do not lodge physical papers in the list room or hand them up to the court unless you are directed to. If a judge would like particular hard copy papers he/she will inform the parties.

Question

I am representing myself and am having difficulty in dealing with the ShareFile system.

Answer

If this applies, and if you are unable to operate the system, ensure you have been given access by consulting the registrars.

If the matter cannot be resolved, request one of the other parties to deal with the uploading of papers to ShareFile.  If they do not agree to do so, then request the List Registrar to list the matter on a suitable Monday for the court’s directions.  The court may be in a position to direct that another party would take on this role depending on the circumstances.

Question

I represent an interested party but the Central Office is not permitting me to file a motion as my client is not listed in the title to the proceedings.

Answer

Contact the List Registrar for a direction from the court permitting you to file papers.  Such a direction may be made on the papers on the basis that it is without prejudice to the right of any other party to object to your client’s involvement in due course.  If you wish to be joined formally as a notice party, inform the other parties and seek consent.

Answer

You can apply for access to the ShareFile by emailing environment@courts.ie

Answer

You can see the complete list of listing dates, filings, order and Judgments online at: https://services.courts.ie/high-court-search

If your matter does not have a future date listed on the online search and if it remains live, contact environment@courts.ie so that a date can be assigned.

If you think that the listing date on the High Court Search platform and/or the Legal Diary is inaccurate, inform the List Registrar and seek clarification.

Answer

If your query relates to a perfected order, you can request a plain copy of the Order by emailing highcourtbespeaks@courts.ie

You will find more information about this online here: 

https://www.courts.ie/after-court-high-court

Not all directions of the court will result in perfected orders.  For example, approval / amendment of case management directions will generally be recorded rather than embodied in a formal order.

Answer

For remote court connection for practitioners, consult the membership section of the Bar of Ireland and Law Society websites (below) under the name of the presiding Judge

https://members.lawlibrary.ie/connect/

https://www.lawsociety.ie/remotehearings

Insofar as possible, listings will be on a hybrid basis whereby trial participants with a speaking role can be involved either physically or online. 

In addition, for those without a speaking role, remote access for observational purposes only of the main Planning and Environment list and any ADV matter before Mr. Justice Humphreys is available through the following link:

https://confpool.remotecourts.ie/courts/#/?conference=9501&pin=4227&callType=audiovideorecvonly

Remote access for observational purposes only for matters before other judges will be facilitated to the extent to which it is technically convenient. Parties should contact registrars in that regard.

Note that there is strictly no recording of court sittings permitted.

Answer

Contact the List Registrar.

If the matter is listed before the wrong judge, please raise such issues in advance with the List Registrar.  Note that where purely administrative matters are concerned (for example, fixing a date), a case may be listed before any judge for the purpose.

Question

What do I do if there is an error in an Order or judgment?

Answer

First draw the matter to the attention of the other parties and propose a corrected wording. In the event of consent, bring this to the attention of the List Registrar and it will normally be possible to issue a corrected Order / judgment on the papers without a court listing (for example, under the slip rule in the case of orders).

If there is no consent to the correction, request the registrars to list the matter on a Monday before the relevant judge.  

Answer

You can access a plan of the Four Courts complex at the following link:  https://www.courts.ie/maps-four-courts

Note that courts 24, 25 and 26 are accessed by the Chancery Place entrance

Answer

Send your email details to the List Registrar and request to be added to the Court’s circulation list for notices.

Question

I have some other query not listed here

Answer

Contact the List registrar.