Court of Appeal Legal Diary, 2020-07-24

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

AN CHÚIRT ACHOMHAIRC
THE COURT OF APPEAL

NOTICES - COVID19 (updated 21st 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 Efiling of appeal papers issued on the 20th April 2020
The Information Notice on the conduct of remote hearings issued on the 14th May 2020

REMOTE HEARINGS AND EFILING - INFORMATION SESSION TUESDAY 28TH JULY AT 4.15PM
The Court of Appeal Civil Office will host an information session on Tuesday the 28th July at 4.15pm for practitioners and parties in civil appeals on the conduct of remote hearings in the Court of Appeal. The purpose of the session (which will be conducted via PEXIP the platform used by the Courts Service for remote hearings) is to provide procedural and technical guidance and assistance to those participating in remote appeal hearings or administrative lists such as directions lists or Callover lists. In addition there will be a short presentation on ShareFile the new efiling system developed by the Courts Service for electronic filing of books of appeal for the use of the Court . To register your interest in attending please send an email to courtofappealcivil@courts.ie by close of business on Monday the 27th July and include in the subject box "Information Session 28th July". The Virtual Meeting Room (VMR) details will issue only to those persons who have registered their interest in attending. Places are limited and will be allocated on a first come first served basis and if there is a sufficient level of interest a second presentation will be scheduled.
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SITTINGS IN THE LONG VACATION
The Court has reviewed the list of cases deferred due to COVID-19 and has identified appeals for hearing between the 7th September 2020 and the 2nd October 2020. The lists for those dates have been published together with the mode of hearing ie remote hearing, hybrid hearing (where one of the parties will make the oral submissions in the court while the judges and the other parties are participating remotely) or a physical hearing. There will be a remote Callover of such appeals on Thursday the 23rd July 2020 at 10 o'clock before Ms. Justice Costello to confirm that all submissions are lodged and to give any necessary directions as to the books of appeal in accordance with the provisions of the Efiling Notice dated the 20th April 2020. The parties have been notified and the Virtual Meeting Room details furnished.

APPEALS LISTED FOR HEARING IN OCTOBER 2020
There will be a remote Callover on Friday the 31st July 2020 at 10 o'clock before Ms. Justice Costello of appeals listed for hearing in October 2020 and the parties will be notified shortly and the Callover list published in the Legal Diary.

MOTION LIST
The next Motion List will be held on a date to be published.

DIRECTIONS LIST
There will a Directions List held on Friday the 24th July via remote hearing before Ms. Justice Costello. The next Directions List will be held on Friday the 9th October.

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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Friday 24th July 2020
In Court 1, Court of Appeal Building
Mr. Justice Noonan
Mr. Justice Haughton
Mr. Justice Murray
At 10.30 o'clock
For remote hearing
2018 296 Donnelly & anor -v- The Minister for Social Protection & ors (2.5h)

Mr. Justice Noonan
Mr. Justice Haughton
Mr. Justice Murray
At 2 o'clock
For remote hearing
2019 311 Leidig -v- O'Neill (1.5h)

Ms. Justice Costello
Ms. Justice Ni Raifeartaigh
Mr. Justice Murray
At 11.00 o'clock
For Judgment (via electronic delivery)
2018 59 O'Doherty -v- Callinan

Ms. Justice Whelan
Ms. Justice Costello
Ms. Justice Noonan
At 11.15 o'clock
For Judgment (costs) (via electronic delivery)
2019 434 Hampshire County Council -v- E & anor

In Court 2, Court of Appeal Building
Ms. Justice Costello
At 10 o'clock (via remote hearing)
For Mention
2020 94 & 95 Merck Sharp & Dohme v Clonmel Healthcare Limited
2019 193 Allied Irish Banks Plc -v- G.R.O. Oil Limited & ors
2019 334 & 335 Promontoria (GEM) Designated Activity Company -v- Murphy & anor

Directions List (books lodged in all cases)
Commercial Court appeals
1. 2020 140 Solicitors Mutual Defence Fund Ltd -v- Costigan & ors
2. 2020 141 Solicitors Mutual Defence Fund Ltd -v- Costigan & ors
3. 2020 142 Solicitors Mutual Defence Fund Ltd -v- Costigan & ors _______________________________________________________________

4. 2020 125 Carthy p/a Augustus Cullen Law & ors -v- Boylan & ors
5. 2020 126 Tolan -v-...