Court of Appeal Legal Diary, 2020-12-16

• Judgment Date: 16 December 2020
• Issuer: Court of Appeal

NOTICES - COVID-19 (updated 12th November 2020)

The Court of Appeal Office in Áras Ui Dhalaigh is conducting business by appointment only.
An appointment 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 E-Filing Information Notice in respect of appeal papers issued on the 20th April 2020

APPEALS AWAITING THE ALLOCATION OF A HEARING DATE
The Court is currently carrying out its review of the appeals previously listed for hearing which were deferred due to COVID-19 or which were not allocated hearing dates at some of the earlier remote directions lists. Hearing dates during 2021 have now been allocated to many appeals which have not previously been fixed for hearing during this term and the dates are published in the Legal Diary and the parties will be notified. The mode of hearing will be confirmed in due course having regard to the HSE guidelines then in place. Pending an email notification from the office any party to an appeal who is concerned that the appeal does not appear in the Legal Diary may contact the office via email to courtofappealcivil@courts.ie with "List enquiry" in the subject-box.

APPEALS FOR HEARING IN MICHAELMAS TERM 2020
Due to the current HSE guidelines during the ongoing pandemic all appeals for hearing this term will be by way of remote hearing except in the case of appeals where the Court, on application at the Friday Callover, directs that the appeal be dealt with by way of a “hybrid” hearing.

A “hybrid” hearing is where one of the parties to the appeal attends in the precincts of the courtroom to make legal submissions while the Court and the other parties to the appeal participate remotely. Any enquiries in relation to remote and "hybrid" hearings is available from the office via email to courtofapealcivil@courts.ie.

Parties should lodge the agreed books of appeal (including the books of authorities) in hardcopy (x 3) and also in soft copy via the ShareFile platform.

Practice Direction CA06 which governs the papers to be lodged for appeal hearings is to be revised to provide inter alia for all necessary documentation (including books of authorities) to be lodged in good time in advance of the appeal hearing. Pending such revision parties are asked to lodge agreed books of authorities with the books of appeal or no later than one week before the date fixed for the hearing of the appeal.

The remote hearings will be listed in Courts 1 and 2, Court of Appeal Building and the Virtual Meeting Room (VMR) details will be emailed to the parties
24 hours in advance of the hearing. The respective capacity of each courtroom is published in the Legal Diary in the event of any interested party including members of the media attending in one of the courtrooms to observe the remote hearing and each courtroom is equipped with audio-visual facilities. Social distancing is to be strictly observed at all times and the attention of all those attending is drawn to the Statement of the Chief Justice and the Presidents of each Court dated the 5th October 2020 on the wearing of face coverings the text of which is published on this website and is also posted on the respective courtroom doors.

DIRECTIONS LIST AND MOTION LISTS
With effect from Friday the 9th October 2020 the weekly directions and motions lists before Ms. Justice Costello resumed by way of remote hearing. In accordance with 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. In accordance with the provisions of Order 86 Rule 12(5) (dealing with interlocutory applications) the motion book is to be lodged in the office by close of business on the preceding Tuesday.

FRIDAY CALLOVER OF APPEALS LISTED FOR HEARING - CHANGE IN PRACTICE
The weekly advance Callover of appeals listed for hearing resumed on Friday the 16th October 2020 via remote hearing before Ms. Justice Costello. The Callover lists for each respective Friday list are published in advance in the Legal Diary. The Legal Diary list is updated on a daily basis. It is the responsibility of the parties in listed appeals to check the Legal Diary for the date of the relevant Callover (usually scheduled for three weeks in advance of the appeal hearing date).

Parties will be aware that the purpose of the Callover is to confirm that the submissions and books of appeals (including books of authorities) have been lodged and that there has been compliance with any other directions previously given by the Court. An additional element of the Callover is that the Court will confirm the mode of hearing of the appeal, i.e. whether it is to be by way of remote or "hybrid" hearing. It is vital therefore that there be an attendance at the Callover by all parties to an appeal and

VIRTUAL MEETING ROOM (VMR) DETAILS FOR FRIDAY LISTS - IMPORTANT
Parties are asked to note that the Virtual Meeting Room (VMR) details for the Callover / Directions / Motion list on each Friday will be furnished to them directly by e-mail of the Court of Appeal Office. Parties are advised, in this regard, to ensure that e-mail contact details furnished to that Office remain valid / are fully up-to-date

CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE
Civil appeals with a 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 in the Criminal Courts of Justice 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.
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Wednesday the 16th December 2020
In Court 1, Court of Appeal Building (Capacity 18)
At 10.30 o'clock
Ms Justice Whelan
Mr Justice Noonan
Mr Justice Murray
For hearing- via remote sitting
2018 176 M -v- M (2½-hrs.)

At 2 o'clock
For hearing- via remote sitting
2020 156 Narooma Ltd -v- The Health Service Executive of Ireland (2 hrs.)

In Court 2 (Capacity 8)
At 10.30 o'clock
Ms Justice Faherty
Mr Justice Collins
Mr Justice Binchy
For hearing- via remote sitting
2019 403 Awan -v- Minister for Justice and Equality (½-day)

At 2 o'clock
For hearing- via remote sitting
2020 173 Burns & Anor. -v- Burke & Anor. (1 hour)



Thursday the 17th December 2020
In Court 1, Court of Appeal Building (Capacity 18)
At 10.30 o'clock
Ms Justice Whelan
Mr Justice Noonan
Mr Justice Haughton
For hearing - via remote sitting
2020 220 Murphy -v- HSE (½-day)

At 2 o'clock
For hearing- via remote sitting
2020 80 Havbell DAC -v- Hilliard & Anor. (2 hrs.)

Court 2, Court of Appeal Building (Capacity 8)
At 10.30 o'clock
Ms Justice Faherty
Ms Justice Power
Mr Justice Binchy
For hearing- via remote sitting
2020 191 B.S (India) & Ors. -v- Minister for Justice & Equality (1 day)

Friday the 18th December 2020
In Court 1, Court of Appeal Building (Capacity 18)
At 10.30 o'clock
Mr Justice Edwards
Mr Justice Haughton
Ms Justice Pilkington
For hearing- via remote sitting
2018 406 Brady -v- Revenue Commissioners & Ors. (2 hrs.)

In Court 2, Court of Appeal Building (Capacity 8)
Ms. Justice Costello
at 10.00 o'clock
For Mention
2019 309 (& 426) Spencer Place Development Co. Ltd. -v- Dublin City Council (Costs listing - Fix a date)
2020 79 O'Donnell -v- Ryan & Ors. (Saltan Properties Ltd.) (Fix a date - having not been reached on the 14/12/2020)

Remote Callover of cases listed for hearing the week commencing Monday, 25th January 2021 - via remote sitting
2020 170 AIB plc. -v- Fanning & Ors (1 hr.)
2020 190 O'Connor -v- Irish Nightclub & Leisure Ltd. (1 hr.)
2018 487 D -v- Garda National Immigration Bureau (1 hr.)
2019 252 Dolan -v- Thornton (2 hr.)
2019 316 AIB -v- Kelly (1 hr.)
2018 431 Promontoria v Mallon (1 hr.)
2018 471 O'Connor -v- Markey & anor (2 hr.)
2018 470 McGeoghan -v- Kelly & Ors (2 hr.)
2019 405 Dublin Port -v- Automation Transport (1 day)
2018 472 Dempsey -v- Barrett AND 2018 473 Loftus -v- Barrett (2½ hrs. for both)
2020 107 L.M. -v- County Registrar (A.M. - Notice Party) (2 hrs.)
2018 170 Grange v Information Commr (Min for Foreign Affairs, a Notice Party) (½-day)
2020 148 O'Donovan -v- Over-C Technology Ltd & Anor. (2 hours)

2017 322 O'Rourke -v- O'Rourke & Ors.
2017 323 O'Rourke -v- O'Rourke & Ors.
2017 471 O'Rourke -v- O'Rourke & Ors.
2018 481 O'Rourke -v- O'Rourke & Ors.
2018 479 Ulster Bank Ireland Ltd -v- O'Rourke & Anor.
2018 490 Ulster Bank Ireland Limited -v- O'Rourke & Anor. (1½-days for all)

2019 399 Jennings...