Remote Personal Injuries Actions

22/01/2021

With effect from Tuesday 2 February 2021, the High Court will be in a position to list a number of personal injuries cases each day to be heard remotely using the Pexip platform.

High Court President, Mary Irvine has issued this update regarding Personal Injuries actions in Dublin.

  1. Personal Injuries actions will only be listed for a remote hearing if the consent of both parties has been notified to the Court at a call-over of the cases for the following week to take place on the preceding Wednesday, the first such call over to be on Wednesday 27 January 2021. 
  2. Depending on demand, the Court will list up to four such cases each day - priority to be given to the cases already fixed for hearing in the Hilary Term.
  3. In respect of any case scheduled for a remote hearing, the solicitor for the plaintiff shall, by noon on the Thursday preceding the week in which the action is listed for hearing, deliver to the List Room (i) a book of pleadings, (ii) a booklet containing all expert reports, (iii) a booklet containing any other documentation or materials which either party proposes to introduce into evidence or put to a witness in the course of their examination/cross examination, and (iv) a schedule of special damages.
  4. The trial judge will not consider any of the documentation delivered to the List Room, save for the booklet of pleadings, until such time as the case commences, whereupon the parties can advise the court of any agreement reached as to the basis upon which regard might be had to any expert report or other document.
  5. A remote hearing should not be sought in any case in which it is proposed to introduce any document by way of surprise or where a party is unwilling to disclose, in advance, any material upon which they intend to rely.

Ms Irvine has stressed that, in consultation with both branches of the profession, the efficacy of such hearings will be reviewed on an ongoing basis.