Court of Appeal Legal Diary, 2022-03-31

• Judgment Date: 31 March 2022
• Issuer: Court of Appeal

NOTICES - COVID-19 (updated 24th January 2021)

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).


APPEALS FOR HEARING IN HILARY TERM 2021
As and from Monday the 24th of January 2022 the Court of Appeal will resume hearing all Appeals by way of a physical hearing unless otherwise directed by the Court. Any queries in respect of this should in the first instance be made to the Office of the Registrar of the Court of Appeal by emailing courtofapppealcivil@courts.ie

All parties attending Court are expected to continue to adhere to the Covid-19 regulations and guidelines

LODGING OF BOOKS OF APPEAL
Parties are required to lodge complete books of appeal (in hard and soft copy) not later than 4 weeks prior to the date of the appeal in accordance with Practice Direction CA06, or such other date as shall be fixed by the Court. This must include the transcript of the DAR or approved note of the judgment of the High Court where appropriate and a joint book of authorities. A party who has been authorised to file the books of appeal may file the books in accordance with this direction notwithstanding the failure of another party to the appeal to furnish its written submissions to such party for inclusion in the books of appeal.

In the event that the books are not lodged within the time fixed, the appeal shall be relisted in the next directions list in the Court of Appeal for mention. If the books are not lodged by the latter date, the Court may make an order extending the time for the late filing of the books of appeal for such short period as it deems appropriate subject to an order that the appeal shall stand struck out for failure to comply with the directions of the court. In the event of a failure to comply with such order the appeal shall be struck out. Where an appeal is listed in the directions list by reason of the foregoing, the party in default may be liable for the costs arising from attendance at the directions list.

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

DIRECTIONS LIST AND MOTION LISTS
With effect from Friday the 28th of January 2022 the weekly directions and motions lists before Ms. Justice Costello will be conducted by way of hybrid hearing in Court of Appeal Court 1, Old Public Records Building, The Four Courts. This means that the Judge and the Registrar will be sitting in the Courtroom physically and that Parties can either attend physically or attend remotely by means of the VMR platform

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
The weekly advance Callover of appeals listed for hearing will resume on Friday the 28th January 2022 via hybrid (Physical and 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 six 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. 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. As and from the 28th January 2022, any party will be able to attend the Court physically if they wish to while adhering to covid-19 guidelines

DELIVERY OF ELECTRONIC JUDGMENTS
Written judgments of courts may be delivered by means of a copy of the judgment being sent electronically to the parties and a copy, subject to such redactions as would ordinarily apply, being posted as soon as possible on the Courts Service website. The date and time of delivery to the parties will be notified in the Legal Diary.
The parties may be invited to communicate electronically with the Court on issues arising (if any) out of the judgment such as the precise form of order which requires to be made or questions concerning costs or they may be requested to attend physically to address the Court on these issues. If there are such issues and the parties do not agree in this regard concise written submissions should be filed electronically with the Office of the Court, courtofappealciviljudgment@courts.ie, within 14 days of delivery subject to any other direction given in the judgment.
CIVIL APPEALS FOR HEARING IN THE...