Court of Appeal Legal Diary, 2020-09-30

• Judgment Date: 30 September 2020
• Issuer: Court of Appeal

NOTICES - COVID19 (updated 17th September 2020)

The court office in Áras Ui Dhalaigh is open for business but by appointment only which may be arranged via email to courtofappealcivil@courts.ie. Documents will also be accepted by post or via DX (No. 262001).

REMOTE 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 the conduct of remote hearings issued on the 14th May 2020
The Information Notice on Efiling of appeal papers issued on the 20th April 2020 - this Notice is in the process of being re-issued to take account of the ShareFile system which will be the required platform for the efiling of appeal papers. Further information on this system is available from the court office.

APPEALS AWAITING THE ALLOCATION OF A HEARING DATE
The Court is in the process of reviewing the list of (a) appeals listed for hearing but which were deferred due to COVID-19 and (b) new appeals lodged in respect of which directions have been given. Hearing dates during Michaelmas term 2020 have now been allocated to selected appeals in each of said categories and published in the Legal Diary and the parties notified. The review is ongoing and the Legal Diary will be updated periodically as and when hearing dates are allocated and the parties in the cases concerned will be notified. In the meantime any enquiry in relation to the list of such appeals may be made via email to courtofappealcivil@courts.ie with “List enquiry” included in the subject box for ease of reference.

MOTION LIST
The Motion Lists will resume on Friday the 9th October 2020 before Ms. Justice Costello by remote hearing.

DIRECTIONS LIST (NOTE CHANGE OF PROCEDURE IN RELATION TO DIRECTIONS BOOK)
The next Directions List will be held remotely on Friday the 9th October at 10 o'clock. In accordance with the provisions of Order 86A Rule 16 (1) the directions book is to be lodged in the office by close of business on the preceding Friday. Directions lists will be held remotely on the Friday of every week in Michaelmas term when the Court is scheduled to sit.

CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE
Civil appeals with a criminal/custody element ie Article 40 habeas corpus, extradition, bail and judicial review arising out of criminal proceedings are now dealt with by the criminal office which is situated on the 4th Floor of the Criminal Courts of Justice Building, Parkgate Street, Dublin 8. The civil office will continue to issue the Notice of Appeal and identify whether the appeal comes within the category of appeal to be heard in the Criminal Courts of Justice and allocate the next available case-management list for a directions hearing. The file will then be transferred to the criminal office and all subsequent documents in the appeal process are to be lodged in the criminal office which will have responsibility for the management and listing of the appeal. Any enquiries in relation to such appeals should be made to the criminal office by email to courtofappealcriminal@courts.ie or by telephone on (01) 7988004. Personal callers to the criminal office will be accommodated on an appointment basis and there is a Dropbox facility in a secure area in the Bail Office on the ground floor of that building. Documents may also be lodged via email to the above address or by post or by DX (268001). The office is contactable by telephone on (01) 7988004.
Further information in relation to such appeals is also published in the Legal Diary for the criminal list.
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LONG VACATION 2020

Appeals listed for hearing during the week 28th September 2020 will be heard (in the Supreme Court) in the conventional way ie the judges and every party to the appeal will be present in the courtroom.

Wednesday 30th September
In Court 1, Court of Appeal Building (Capacity 10)
Ms Justice Baker
Ms Justice Donnelly
Ms Justice Power
At 9.30 o'clock
At hearing (via remote hearing)
2019 159 In the matter of Doran W. O Toole Solicitors (<30mins)

In the Supreme Court (Capacity 20)
Ms Justice Costello
Ms Justice Faherty
Mr Justice Binchy
At 10.30 o'clock
For hearing
2019 257 In the matter of John Gaynor (A Bankrupt) (1h)

At 11.30 o'clock
2019 425 Pinfold -v- Kane & 2019 466 Kirby -v- Kane & ors (30 mins)

Ms Justice Whelan
Mr Justice Haughton
Mr Justice Binchy
At 11.00 o'clock
For Judgment (via electronic delivery)
2019 267 Allied Irish Bank Plc & Anor -v- King & Anor

Thursday 1st October
In the Supreme Court (Capacity 20)
Mr Justice Noonan
Mr Justice Haughton
Mr Justice Binchy
At 10.30 o'clock
For hearing
2016 475, 476, & 542, 2019 135, 137, 138 Murphy -v- Kelly & ors
2019 182 In the matter of Kelly Trucks Limited (1.5 days for all)

Friday 2nd October
In the Supreme Court (Capacity 20)
Mr Justice Noonan
Mr Justice Haughton
Mr Justice Binchy
At 10.30 o'clock
At hearing
2016 475, 476, & 542, 2019 135, 137, 138 Murphy -v- Kelly & ors
2019 182 In the matter of Kelly Trucks Limited (half day remaining)



MICHAELMAS 2020

Monday the 5th October 2020
In Court 1, Court of Appeal Building (Capacity 10)
At 2 o'clock
For hearing
2020 140-142 Solicitors Mutual Defence Fund -v- Costigan & ors (2h)

In the Hugh Kennedy Court, Four Courts (Capacity 13)
At 2 o'clock
For hearing
2019 495 Tracey -v- Minister for Justice and Law Reform & Ors (1h 30 mins)

Tuesday the 6th October 2020
In Court 1, Court of Appeal Building (Capacity 10)
At 10.30 o'clock
For hearing
2019 244 Leahy & anor -v- Bank of Scotland plc & ors

In the Hugh Kennedy Court, Four Courts (Capacity 13)
At 10.30 o'clock
For hearing
2018 305 Condron -v- Galway Holding Company Limited & Ors (1d)

Wednesday the 7th October 2020
In Court 1, Court of Appeal Building (Capacity 10)
At 10.30 o'clock
For further argument
2019 401 Chen v Minister for Justice and Equality (2h)

In the Hugh Kennedy Court, Four Courts (Capacity 13)
At 10.30 o'clock
For hearing
2019 195 Kielthy -v- The Minister for Agriculture, Fisheries and Food & Ors
2019 196 Wexford County Council -v- Kielthy (1d)

Thursday the 8th October 2020
In Court 1, Court of Appeal Building (Capacity 10)
Ms. Justice Costello
At 09.30 o'clock
For mention - via remote listing
2018 401 Morrin & Anor -v- Tanager DAC (< ½-hour)

At 10.30 o'clock
Judges to be assigned
For hearing
2019 246 Allied Irish Banks plc -v- O'Callaghan & Ors (2h)

At 2 o'clock
For hearing (in camera)
2018 281 C -v- C (2h)

In the Hugh Kennedy Court, Four Courts (Capacity 13)
At 10.30 o'clock
For hearing
2019 141 and 147 McCormack -v- Timlin & ors (1d)

Friday the 9th October 2020
In Court 1, Court of Appeal Building (Capacity 10)
At 10.30 o'clock
For hearing
2019 285 Bank of Ireland Mortgage Bank -v- Kane (1d)

Courtroom tbc.
At 10.30 o'clock
Mr Justice Haughton
Ms Justice Power
Mr Justice Collins
For hearing - via remote means
2018 106 & 107 In the matter of Decobake Limited (In Liquidation)

In Court 2, Court of Appeal Building (Capacity 8)
Ms. Justice Costello
At 10.00 o'clock
Directions List (via remote hearing)
Commercial Appeals for directions
1. 2020 150 Sheehan -v- Breccia & Ors
2. 2020 156 Narooma Ltd -v- The Health Service Executive of Ireland
3. 2019 491 Ulster Bank Ireland DAC -v- McDonagh (case management, no Directions books)
4. 2020 174 Ulster Bank Ireland DAC -v- McDonagh
5. 2020 175 Ulster Bank Ireland DAC -v- McDonagh (Directions + Stay Motion)
6. 2020 173 Burns & Anor -v- Burke & Anor
7. 2020 187 In the matter of Brandon Plant Hire Limited (In Liquidation)
8. 2020 166 Joyce Kemper -v- An Bord Pleanála & ors (Strategic Infrastructure)


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Appeals for directions
9. 2019 517 L.I. & anor -v- The Minister for Justice and Equality & ors
10. 2020 120 Coyle -v- McHugh & Ors
11. 2020 121 Fitzpatrick -v- The Minister for Justice, Equality and Law Reform & Ors
12. 2020 130 Fulham -v- Chadwicks Ltd & Ors
13. 2020 133 Inland Fisheries Ireland -v- O'Baoill & ors
14. 2020 135 Griffiths -v- Dublin City Council & Anor
...