Court of Appeal Legal Diary, 2020-06-24

• Judgment Date: 24 June 2020
• Issuer: Court of Appeal

NOTICES - COVID19 (updated 23rd June 2020)

APPEAL HEARINGS
THE ATTENTION OF PRACTITIONERS IS DRAWN TO THE PROVISIONS OF THE FOLLOWING NOTICES ISSUED BY THE PRESIDENT OF THE COURT OF APPEAL THE TEXT OF WHICH IS PUBLISHED ON THE COVID-19 HOMEPAGE:
THE INFORMATION NOTICE ON EFILING OF APPEAL PAPERS ISSUED ON THE 20TH APRIL 2020
THE INFORMATION NOTICE ON THE CONDUCT OF REMOTE HEARINGS ISSUED 14TH MAY 2020

PARTIES ARE ADVISED TO CHECK THE LEGAL DIARY ON A DAILY BASIS FOR ANY UPDATES AS TO REMOTE APPEAL HEARINGS AND AS TO DIRECTIONS LISTS AND MOTION LISTS

APPEALS ALLOCATED HEARING DATES (PRIOR TO COVID-19) BETWEEN THE 23RD MARCH 2020 AND THE 31ST JULY 2020
Every appeal listed for hearing during the above period has now been included in a Callover list to ascertain the suitability of the appeal for remote hearing. Any such appeal which has not maintained its hearing date or been allocated an alternative hearing date before the end of Trinity term is included in a List maintained by the Court with a view to making arrangements for the allocation of a hearing date. Details of such arrangements, when finalised, will be published in the Legal Diary. In the meantime any party who contends that an appeal is urgent should set out the reasons for such urgency by email to courtofappealcivil@courts.ie addressed to the Registrar. Due to the current pandemic and having regard to HSE guidelines the Court is not in a position at present to hear appeals other than by way of remote hearing.

DIRECTIONS LIST
There will a Directions List held on Friday the 26th June 2020 via remote hearing before Ms. Justice Costello and a further directions list on the 24th July. Appeals will be included in those lists on receipt of a directions booklet (from any party to the appeal) in pdf via email to courtofappealcivil@courts.ie addressed to the Registrar including “Directions Book” and the appeal number and title of the appeal in the subject box and copied to all other parties to the appeal. Appeals where directions books have already been lodged in hard or soft copy will be included in that list and the list will be published shortly and the parties notified. In accordance with the provisions of Order 86A Rule 16 (1) the directions book is required to be emailed to the office by close of business on the Friday preceding the list.


Until further notice the following directions shall apply:
Where, between the 16th March 2020 and the 16th April 2020
(i) a party is required to deliver submissions, lodge books of appeal or books of authorities or take any other step in the
appeal, the time for complying with such direction is extended to the 19th April 2020
(ii) a party is required to respond to any step referred to at (i) the time for complying with such direction shall commence on
the 19th April 2020 or the date the other party complies with its prior obligation if sooner
(iii) any application for a transcript from the Digital Audio Recording (DAR) of High Court proceedings which is required
for an appeal may be made by email to courtofappealcivil@courts.ie addressed to the Registrar including “application
for DAR transcript” and the appeal number and title of the appeal in the subject box.

For appeals listed for directions in adjourned directions lists existing practice directions shall apply until further notice subject to the following amendments:

All documents shall be in soft copy. No hard copies will be accepted in the office or required.

From the date of the directions listing or the date of the filing of a Respondent's Notice, if later, appellants shall have 10 weeks to deliver written submissions and respondents shall have 10 weeks thereafter to deliver written submissions.

The parties may by agreement reduce the time for delivering submissions. Where such agreement is reached, the parties
must notify the office in a timely fashion by email to the above email address including “Submissions” and the appeal
number and title of the appeal in the subject box.
If any party seeks a longer period to deliver written submissions, they shall notify the other party to the appeal of their
intention to apply to extend the time. The application shall be by email to the above email address including
“Submissions” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal.
It shall be made no later than 4 clear working days prior to the date of the directions listing. The email shall succinctly set out the reasons why 10 weeks is insufficient and the additional period requested. The other party to the appeal may reply by email within 2 days prior to the directions listing including “Submissions” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal. The parties will be notified of the decision of the Court by email from the office.


MOTION LIST
There will a motion list on Friday the 17th July 2020 via remote hearing before Ms. Justice Costello. The motion and grounding affidavit should be lodged in hard copy in the court office by appointment which may be arranged via email to courtofappealcivil@courts.ie or by post or DX to the court office. In accordance with the provisions of Order 86
Rule 12 (5) shall apply and the motion booklet referred to in Rule 12 is required to be lodged in hard copy by close of business on the preceding Tuesday.

There are a number of motions pending where the Court has been informed that such motions were not suitable for a remote hearing. Arrangements will be made for the hearing of such motions and details of such arrangements, when finalised, will be published in the Legal Diary. In the meantime any party who contends that a motion is urgent should set out the reasons for such urgency by email to courtofappealcivil@courts.ie addressed to the Registrar. Due to the current pandemic and having regard to HSE guidelines the Court is not in a position to hear motions other than by way of remote hearing.

Any enquiries in relation to the directions list or the motion list should be made by email to the court office at the above address or by telephone on (01) 8886120.

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Wednesday 24th June 2020
In Court 1, Court of Appeal Building
Ms. Justice Whelan
Ms. Justice Faherty
Mr. Justice Collins
At 10.30 o'clock
For remote hearing
2017 164 TP -v- The Minister for Justice & Equality
2017 376 EC & ors -v- The Minister for Justice & Equality

In Court 2, Court of Appeal Building
Ms. Justice Costello
Mr. Justice Haughton
Mr. Justice Binchy
At 10.30 o'clock
For remote hearing (In Camera)
2019 225 Uí R -v- O'R

In Court 22, Criminal Courts of Justice
The President
Ms. Justice Kennedy
Ms. Justice Donnelly
At 10.30 o'clock
For remote hearing
2020 34 Murphy -v- DPP


Thursday 25th June 2020
In Court 1, Court of Appeal Building
Mr. Justice Noonan
Ms. Justice Power
Mr. Justice Binchy
At 10.30 o'clock
For remote hearing
2018 181 Browne -v- Van Greene & anor

In Court 22, Criminal Courts of Justice
Mr. Justice Edwards
Mr. Justice McCarthy
Ms. Justice Kennedy
At 11.00 o'clock
For remote hearing
2020 116 DPP -v- Quilligan

Friday 26th June 2020
In Court 1, Court of Appeal Building
Mr. Justice Haughton
Mr. Justice Murray
Mr. Justice Collins
At 2 o'clock
For remote hearing
2014 1380 Walsh -v- Maguire

In Court 2, Court of Appeal Building
Ms. Justice Costello
At 10 o'clock
For Mention
2019 502 The Governor and Company of the Bank of Ireland -v- Healy

In Court 2, Court of Appeal Building
Ms. Justice Costello
At 10 o'clock
Directions List (via remote hearing)
1. 2020 17 Luke Charleton -V- John Kinsella & ors (e)
2. 2020 28 Mulligan -v- Singh (e)
3. 2020 37 Clifford -v- HSE & Anor (e)
4. 2020 32 Mascarenhas -v- Karim & Anor (e)
5. 2020 33 Mascarenhas -v- Karim & Anor (e) (p)
6. 2020 48 Keating -v- Mulligan (e)
7. 2020 62 Raymond Hughes -v- The Revenue Commissioners (e)
8. 2020 52 Arthropharm (Europe) -v- The Health Product Regulatory & Anor (e)
9. 2020 71 Crean -v- Harty & ors (p)
10. 2020 106 In the Matter of Hibernia Reit Public Limited Company -v- Farrington (e)
11. 2020 87 Peter Pringle -v- Ireland & anor (e)
12. 2020 91 Promontoria (Oyster) DAC -v- Desmond Greene (e)
13. 2020 89 Jackson Way Properties Ltd & anor -v- The Information Commissioner (e)
14. 2020 97 Everyday Finance DAC & ors -v- Gleeson & Anor (e)
15. 2020 103 Michael Gladney (The Collector General) -v- McGonagle (p)
16. 2020 100 Urban Entertainment Ltd -v- Monteco Holdings Ltd (p)

At 11.30 o'clock
17. 2020 93 Palmer -v- Palmer & ors (p)
18. 2020 99 Da Silva Mascarenhas -v- The Minister for Justice & Equality (p)
19. 2020 104 Fennell -v- Corrigan (e) (p)
20. 2020 90 MAM (A Minor) -v- D (e)
21. 2020 96 Ryanair DAC -v- Commissioner for Aviation Regulation (e)
22. 2020 105 English -v- Promontoria (ARAN) Ltd. (e)
23. 2020 113 Holland -v- The Minister for Justice & Equality (p)
24. 2020 112 Holland -v- The Minister for Justice & Equality (p)
25. 2020 109 Lisa Sheehan -v- Bus Eireann & Anor (e)
26. 2020 82 O'Connor -v- Legal Aid Board & ors (e)
27. 2020 83 O'Connor -v- Legal Aid Board & ors (e)
28. 2020 12 Borges -v-...