Court of Appeal Legal Diary, 2020-05-27

• Judgment Date: 27 May 2020
• Issuer: Court of Appeal

AN CHÚIRT ACHOMHAIRC
THE COURT OF APPEAL

NOTICES - COVID19 (updated 26th May 2020)

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 14TH MAY 2020

PARTIES ARE ADVISED TO CHECK THE LEGAL DIARY ON A DAILY BASIS FOR ANY UPDATES AS TO REMOTE APPEAL HEARINGS AND AS TO DIRECTIONS LISTS AND MOTION LISTS

ADJOURNMENT OF APPEALS LISTED FOR HEARING DURING WEEKS OF 23RD AND 30TH MARCH 2020
Following a remote Callover on the 30th April 2020 of appeals originally listed for hearing during the weeks of the 23rd and 30th March 2020 remote hearing dates were assigned to a number of appeals which the parties agreed were suitable for a remote hearing. The appeals in respect of which a remote hearing date was not fixed will be included in a future remote Callover the date of which will be published in the Legal Diary in due course and the parties in the appeals concerned notified. Pending such Callover parties who contend that an appeal is urgent should set out the reasons for such urgency by email to courtofappealcivil@courts.ie addressed to the Registrar. Due to the current pandemic and having regard to HSE guidelines the Court is not in a position to hear appeals other than by way of remote hearing.

DIRECTIONS LIST AND MOTION LIST
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.

For appeals listed for directions in the adjourned lists of the 27th of March 2020 and the 3rd of April 2020 and all future directions lists existing practice directions shall apply until further notice subject to the following amendments:

All documents shall be in soft copy. No hard copies will be accepted in the office or required.

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. Any such application in relation to an appeal listed for directions on the 27th of March 2020 & the 3rd of April 2020 should be made via email as soon as practicable.

The Court will notify parties by email of the date and time assigned for the remote hearing of the directions list for the purpose of allocating a hearing date. In the meantime the appellant should send the directions book in pdf by email to the Registrar at the above address including “Directions Book” and the appeal number and title of the appeal in the subject box and copied to the other party to the appeal.

Practitioners will note that Directions Lists are now scheduled for the 29th May and the 5th June 2020 and future Directions Lists will be scheduled in due course.


MOTION LIST
Any party to an appeal who intends to issue a motion may do so and a return date for the motion will be allocated by the Court in due course. Any such motion together with the grounding affidavit should be lodged in hard copy in the court office by appointment which may be arranged via email to courtofappealcivil@courts.ie. A booklet (comprising the motion, grounding affidavit and any exhibits) should be emailed to the court office at the above address for the consideration of the Court in allocating a return date for the remote hearing of the motion. Directions will be given for the time for filing a replying affidavit.

Arrangements will be made for the remote hearing of motions already issued (and allocated a return date) and the parties in the cases concerned will be notified. The Court also notes that some parties in motions issued prior to the pandemic have informed the Court at a recent Callover of motions that the motion concerned is not suitable for a remote hearing and the list of such motions is currently under review.

Any enquiries in relation to the directions list or the motion list should be made by email to the court office at the above address or by telephone on (01) 8886120.

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APPEALS PREVIOUSLY LISTED FOR HEARING FROM THE 5TH MAY 2020 TO THE END OF THIS TERM TOGETHER WITH APPEALS LISTED FOR HEARING DURING TRINITY TERM BETWEEN THE 10TH AND 26th JUNE 2020 WERE INCLUDED IN A REMOTE CALLOVER ON THE 8TH MAY 2020 TO IDENTIFY WHICH OF THOSE APPEALS WERE DEEMED SUITABLE FOR A REMOTE HEARING. SOME OF THOSE APPEALS HAVE NOW BEEN ALLOCATED REMOTE HEARING DATES AS SET OUT BELOW AND WHILE IT IS THE RESPONSIBILITY OF THE PARTIES TO CHECK THE LIST THE OFFICE WILL ENDEAVOUR TO NOTIFY THE PARTIES OF THE DATES ALLOCATED. HEARING DATES FOR THE REMAINDER OF THE APPEALS DEEMED SUITABLE FOR REMOTE HEARING WILL BE ALLOCATED IN DUE COURSE AND THE LIST OF SUCH CASES PUBLISHED IN THE LEGAL DIARY AND THE PARTIES NOTIFIED.
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Wednesday 27th May 2020
In Court 1, Court of Appeal Building
Ms Justice Whelan
Ms Justice Faherty
Mr Justice Haughton
At 10.30 o'clock
For remote hearing
2019 450 Shishu & anor -v- The Minister for Justice & Equality (half day)




Thursday 28th May 2020
In Court 1, Court of Appeal Building
Ms Justice Whelan
Mr Justice Collins
Mr Justice Binchy
At 10.30 o'clock
For remote hearing
2019 59 McCormack & ors t/a The Campshire Partnership -v- Clarion Quay Management Company Ltd
2019 60 Kelly & ors t/s The North Wall Quay Partnership -v- Clarion Quay Management Company Ltd (2 hours for both)

Friday the 29th May 2020
Mr. Justice Edwards
Ms. Justice Costello
Ms. Justice Donnelly
At 11 o'clock
For judgment (via electronic delivery)
2017 499 Moorehouse -v- Governor of Wheatfield Prison & ors

In Court 1, Court of Appeal Building
Ms Justice Costello
Mr Justice Noonan
Mr Justice Murray
At 10.30 o'clock
For remote hearing
For costs and form of order
2019 226 Recorded Artists Actors Performers Ltd v Phonographic Performance Ireland Ltd

Ms Justice Costello
At 2 o'clock
For remote hearing
Directions list (by remote hearing)
(lists deferred from 27th March and 3rd April 2020)
NOTICE
Practitioners should note that in appeals where directions books have not been lodged the appeal will be taken out of the list and included in a later list unless the directions book is lodged in soft copy (by either side) by close of business on Wednesday the 27th May. For information the letters (p) and (e) below refer to books received in hard or soft copy respectively. If a directions book has been lodged and this is not reflected in the list below please contact the court office.
By direction of the Court there is no necessity for any of the parties to attend at the directions list - the purpose of the listing is to allocate a hearing date and the date fixed will be communicated to the parties. Directions have already been given in respect of submissions in all new appeals together with a facility for obtaining a transcript from DAR for use at an appeal hearing (see separate Notice). If however a party to any appeal listed requires to attend at the directions list for the purpose of making an application to the Court please contact the court office and notify any other party to the appeal.
It should be noted that the Court is not in a position to deal with anything at this List other than matters pertaining to directions and the allocation of a hearing date.

Deferred List from 27th March
1. 2020 12 Borges -v- Kepak Cork - no book lodged
2. 2020 16 Promontoria (Arrow) Limited -v- Meldon - book lodged (p)
3. 2020 17 Charleton & anor -v- Kinsella & ors - no book lodged
4. 2020 18 Mahfooz -v- The Minister for Justice and Equality - book lodged (p)
5. 2020 19 Kane -v- Property Registration Authority & ors - no book lodged
6. 2020 20 Fennell & Anor -v- Ferguson - book lodged (p)
7. 2020 24 Comcast International Holdings Ltd &amp...