Law places remote hearings on statutory footing
The new legal term has been brought forward from 5 October with a number of cases listed for hearing in September.
Case management callovers will take place this week for matters still unsettled, despite the call on practitioners by High Court President Mary Irvine, to settle if at all possible.
Laura Keane of Mason Hayes & Curran LLP points to logistical difficulties in negotiating settlements over the phone where cases involve multiple defendants or complicated issues.
Medical report delays
There may also be delays in obtaining medical reports required to assess quantum in advance of settlement, although Keane says medical appointments show signs of returning to normal timelines.
The provisions of the new Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 will come into effect by mid-September and the court may direct that a civil hearing can proceed remotely.
The new law places remote hearings on a statutory footing, and follows efforts by the Courts Service to upgrade court IT and video-link facilities and identify suitable venues.
Remote hearings will ensure compliance with social distancing requirements and courtroom capacity issues.
Complex cases
However, remote hearings will not always be suitable for complex personal injury cases, Laura Keane points out, particularly where a number of witnesses are required to attend court.
Remote hearings are expected to prove more useful for minor rulings and certain types of motions where witnesses are not generally required.
The new law also provides for the electronic filing and issuing of court documents.