Court of Appeal Legal Diary, 2020-08-04

• Judgment Date: 04 August 2020
• Issuer: Court of Appeal

AN CHÚIRT ACHOMHAIRC
THE COURT OF APPEAL

NOTICES - COVID19 (updated 29th July 2020)

The court office in Áras Ui Dhalaigh is open for business but by appointment only. Please therefore send an email to courtofappealcivil@courts.ie for an appointment to lodge or collect documents. This is a more direct point of contact than the Dublin Civil Law mailbox which is however checked every day by the Court of Appeal staff and a reply issued to any request to that mailbox for appointment to lodge or collect appeal documents.

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.

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MOTION LIST
The next Motion List will be held remotely on Monday the 21st September 2020.

DIRECTIONS LIST
The next Directions List will be held (remotely) on Friday the 9th October at 10 o'clock.

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.

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.


IMPORTANT CHANGE IN PROCEDURES GOVERNING CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE
With effect from Tuesday the 4th August 2020 (the first day of the long vacation) civil appeals with a criminal/custody element ie Article 40 habeas corpus, extradition, bail and judicial review arising out of criminal proceedings will be dealt with by the criminal office. 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. For the avoidance of doubt such documents include Respondent's Notices, directions books, motions (and motion books), submissions (in hard and soft copy) and books of appeal (in hard and soft copy). Any enquiries in relation to such appeals should, with effect from the 4th August 2020, be made to the criminal office by email to courtofappealcriminal@courts.ie. Submissions should also be emailed in word format to that address. This will also be the mailing address for the transmission of books of appeal in soft copy in accordance with the provisions of the Efiling Notice dated the 20th April 2020.

For any appeals initiated before the 4th August 2020 and awaiting a hearing in the Criminal Courts of Justice the provisions as outlined above will apply and the files in such appeals will be transferred that day to the criminal office.

For information the criminal office is situated on the 4th Floor, Criminal Courts of Justice but during the current pandemic personal callers can be accommodated by appointment only and such appointments may be arranged by email to the above address. There is a Dropbox facility located in a secure area in the Bail Office on the ground floor of the building which is checked twice daily and documents may also be lodged by post or by DX (268001). The office is contactable by telephone on (01) 7988004.

The current arrangements whereby the papers in such appeals are lodged in and managed by the civil office will apply until the 31st July 2020 and in the meantime any enquiries in relation to these new arrangements may be made by email to courtofappealcivil@courts.ie or by telephoning the civil office on (01) 8886120.



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Tuesday 4th August
Mr. Justice Haughton
Mr. Justice Murray
Mr. Justice Binchy
At 11 o'clock
For Judgment (via electronic delivery)
2018 443 Allied Irish Bank -v- Griffin

Mr. Justice Edwards
Ms. Justice Whelan
Ms. Justice Faherty
At 11.30 o'clock
For Judgment (via electronic delivery)
2019 519 Reilly -v- Campbell Catering Limited & Ors



Wednesday 5th August
Ms. Justice Baker
Mr. Justice Whelan
Mr. Justice Collins
At 11 o'clock
For Judgment (via electronic delivery)
2018 371 Kearney -V- Bank of Scotland PLC & Anor

Ms. Justice Whelan
Ms. Justice Faherty
Mr. Justice Collins
At 11.30 o'clock
For Judgment (via electronic delivery)
2020 59 Stewart's Care Limited -v- V


LONG VACATION 2020

Monday 7th September
At 10.30 o'clock
In Court 1, Court of Appeal Building
Judges to be assigned
For remote/hybrid hearing
2014 927 Ulster Bank Ireland Limited & anor -v- Collins (350/13 SC) (2h)

Tuesday 8th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2019 417 KBC Bank Ireland plc -v- Corrigan & anor (1h 30 mins)

Not before 12 noon
Judges to be assigned
For remote hearing
2020 90 Micks-Wallace (A Minor) -v- Dunne (1h+)

Wednesday 9th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2020 72 Leech -v- Independent Newspapers (1h)

Thursday 10th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2019 436 In the matter of Beauty Holdings Ltd (In voluntary liquidation) Luby -v- Lennon (1h 30 mins)

Monday 14th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2018 106 & 107 In the matter of Decobake Limited (In liquidation) (2h for both)

Tuesday 15th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2019 407 Allied Irish Banks plc -v- O'Reilly & anor (1h 30 mins)

Wednesday 16th September
In Court 1, Court of Appeal Building
At 10.30 o'clock
Judges to be assigned
For remote/hybrid hearing
2019 274 Lawless -v- Cooperative Rabobank U.A (1h)

At 12 o'clock
2019 513 Redic -v- Child & Family Agency & ors (1h)

Thursday 17th...