Proceedings in Michaelmas Term

27/09/2021

Ms Justice Mary Irvine, President of the High Court, has published detailed information on case management plans from 4 October.

four courts

Physical or remote

The default position will be that all witness actions will be listed for a physical hearing. Certain proceedings which do not require oral evidence may be listed for a remote hearing, while many applications customarily heard on a Monday will be listed for a remote hearing. 

Proceedings and applications will only be listed for a remote hearing where they can be heard as fairly and effectively as they would be heard in the course of a physical hearing.

Types of actions

The President has detailed the approach to be taken in individual categories of cases.

  • Bail Applications: The hearing of Bail applications may return to Cloverhill subject to consultation with the Courts Service.
  • Bankruptcy List: Bankruptcy applications will continue to be heard remotely.
  • CAB List: The CAB list will be heard physically.
  • Chancery Motions: All Chancery motions will be heard remotely every Monday, commencing at 11 am.
  • Chancery proceedings: 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.
  • Chancery Special Summons List: All applications will be heard remotely, unless otherwise ordered.
  • Civil jury actions: All Civil Jury actions will be listed for a physical hearing and will be heard in Croke Park where the Courts Service has rented facilities sufficiently large to allow such actions take place in an environment that is as safe as possible.
  • Commercial Court Motion List: This list will continue to be heard remotely.
  • Commercial Court proceedings: 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.
  • Commercial Planning and SID proceedings: 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.
  • 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.
  • Criminal Proceedings: The practice to be followed in the Central Criminal Court 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. Special Criminal Court proceedings will follow Trinity Term practice.
  • Examiner’s Court List: The monthly list will continue on the Pexip Platform.
  • Extradition Applications: Hearings will proceed as heretofore.
  • Family Law Motions and directions hearings: These will be held remotely.
  • Family Law proceedings: The default position will be that, unless otherwise ordered, all proceedings will be afforded a physical hearing.
  • Garda Compensation List: Applications in this list will, unless otherwise directed by the trial judge, continue to be heard remotely.
  • Hague Convention proceedings: The default position will be that all Hague Convention cases, unless otherwise ordered, will continue to be heard remotely.
  • Non Jury /Judicial review/asylum proceedings: The default position will be that physical hearings will take place for Non-Jury/Judicial Review/Asylum matters where witness evidence is required. They will also take place for 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.
  • Personal Injuries proceedings: 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.
  • Personal Insolvency List: This list will be heard by way of physical hearing.
  • Professional List: All applications will be heard remotely, save where otherwise ordered.
  • Restriction and disqualification of Directors: The monthly list will continue to be heard by physical hearing.
  • Rulings in Infant and Fatal injuries claims: All ruling applications will be heard remotely unless otherwise ordered.
  • Summary Summons Motion List: This list will continue to be heard remotely.
  • Wardship Applications: All wardship applications will be heard remotely unless otherwise ordered.
  • Wardship applications: Save where otherwise ordered, all wardship proceedings and applications will be heard remotely.

More information

For more details, including requirements for practitioners, view the Courts Service website.