COVID-19: The Operation of the Irish Courts

The COVID-19 pandemic has had a significant impact on the operation of Irish courts. While remote hearings have been rolled-out to good effect, there are teething issues. The focus of the judiciary and the Court Service is now on increasing the number of cases being heard daily and clearing the backlog, both through remote hearings, and through physical hearings in appropriately adapted court rooms. Court rooms around the country are being adapted for socially distanced, physical hearings which may become the new normal. We take a look at the recent announcements and the state of play across the various courts.

In summary:

  • Remote court hearings have been quickly rolled-out and it is expected that the number of cases being heard remotely will ramp-up in the coming months. However, there are teething issues and it's clear not all cases will be suitable for remote hearing.
  • There is an increasing focus on readying and adapting court rooms to enable physical hearings to proceed in conformity with COVID-19 health requirements. Physical hearings have been progressing in certain cases, and we expect this to ramp up significantly in the short to medium term.
  • As matters stand in the High Court, there are three virtual courts available daily for remote hearings and seven courts available for physical hearings. However, no cases requiring oral testimony are proceeding.
  • Cases deemed suitable for remote hearing are being heard in the Supreme Court and the Court of Appeal using video conferencing technology. Even if one party objects to a remote hearing, the court may direct that an appeal be heard remotely if it considers it necessary and in the interests of justice.
  • Any cases listed in the High Court are adjourned, unless the case comes within the expanded list of urgent applications. This now includes injunctions, commercial list cases (and some other lists), urgent applications for Judicial Review (including strategic infrastructure challenges) and insolvency matters (both corporate and personal), as well as other specific types of cases outlined below.
  • The Circuit Court and the District Court are continuing to deal with a limited number of urgent criminal, family and child law cases, with certain courts hearing cases remotely. All civil cases adjourned in the Circuit Court will be given dates as soon as possible. All civil cases in the District Court have been deemed non-urgent and have been adjourned generally with liberty to re-enter. Individual courts are implementing measures to ensure that physical hearings will conform with COVID-19 health requirements.
  • The Central Office and provincial court offices are open by appointment only to deal with essential business applications. As court offices remain operational and continue to accept duly stamped court documents, standard time limits and limitation periods continue to apply.
  • Written judgments of all courts will be delivered by email to the parties and a copy, subject to such redactions as would ordinarily apply, will be posted on the Courts Service website. The parties will be invited to communicate electronically with the court and these will be dealt with remotely (unless the interests of justice require an oral hearing). If further rulings are required, the parties will receive the decision by email and a copy will also be published on the website.

Please see below for a summary of the measures which apply to each of the courts. These measures will be reviewed as required in light of governmental guidance on COVID-19.

Supreme Court

  • The Supreme Court continues to hear appeals remotely and intends to increase the number of appeals heard using video conferencing technology. The Supreme Court has identified nine cases suitable for remote hearing in the coming weeks and seven further cases in which it is hoped can be made suitable for hearing prior to the end of July.
  • It is hoped that all cases in which leave to appeal to the Supreme Court was granted before the end of April of this year, will have been heard by the end of July.
  • A new Practice Direction contains innovative procedures introduced to facilitate remote hearings in the Supreme Court.

The Court of Appeal

  • The Court of Appeal continues to hear appeals remotely with two virtual courts sitting daily. It is anticipated that the introduction of a third virtual court will increase the number of appeals heard using video conferencing technology. The Courts Service has released detailed guidance in relation to remote hearings in the Court of Appeal.
  • Where the parties to an appeal agree that the appeal can be determined on the papers, that agreement should be communicated in writing to the Court of Appeal Office. The court will dispose of an appeal on the papers where all the parties to the appeal consent.
  • A large number of appeals listed for the Easter (20 April - 28 May) and Trinity (10 June - 31 July) terms are unlikely to be heard on their listed dates and some will have to be adjourned. In addition, some of these appeals may not be appropriate for remote hearings. The court will continue to hold regular call-overs of appeals listed for hearing with a view to ascertaining their status, assessing whether such appeals are suitable for remote hearing, giving directions and listing appeals for hearing where appropriate.
  • At the call-over of the list, any party who considers that an appeal is not suitable for remote hearing may object to the appeal being listed for hearing remotely. The court will have due regard to any objection advanced to a remote hearing but may, where appropriate having regard to the interests of justice, direct that the appeal proceed by way of remote hearing notwithstanding such objection.
  • Applications for appeals other than appeals already listed for the Easter or Trinity terms, may be made in cases of urgency for the appeal to be listed for hearing and for a direction that the appeal be heard remotely. Such an application should be made to the Court of Appeal Office as soon as possible following the filing of the Notice of Appeal and should set out the grounds of urgency and an appropriate timetable.

The High Court

  • It is envisaged that through the use of remote hearings and the adaptation of courtrooms to enable their use in conformity with COVID-19 health requirements, it will be possible to expand both the type and number of cases heard by the High Court.
  • Three virtual courts are available for remote hearings daily and seven courts will be available in the Four Courts for physical hearings daily. However, until further notice it will not be possible to hear cases which involve oral testimony.
  • The High Court will sit through the Whitsun vacation (29 May – 6 June) and priority will be given to cases which were listed for hearing and had to be adjourned because of COVID-19. Parties will be contacted by court staff to ascertain their readiness for hearings.
  • The High Court has extended the matters it considers urgent and will now hear applications concerning bail, extradition matters, habeas corpus, wardship, injunctions, urgent applications for Judicial Review (including strategic infrastructure challenges), insolvency matters (both corporate and personal), non-contentious probate business, family law applications, commercial list cases, chancery list cases, non-jury list cases, and criminal asset bureau cases.
  • The High Court Civil Jury call overs scheduled for 11 June 2020 and 15 October 2020 have been cancelled. In addition, the High Court Civil Jury action hearings scheduled for 30 June 2020 have been cancelled.
  • There will be a call over (heard remotely) in the Commercial Court each Friday in respect of the cases listed for hearing the following week. The Commercial Motion List will resume on 25 May 2020 and will be held remotely until further notice.
  • Motions which were listed in the Chancery 1 List on 23 March - May 2020 and have previously been adjourned generally with liberty to re-enter, together with any Motions listed on 18 May - 27 July 2020, can be dealt with by way of a consent order without the necessity to attend court. It is expected that further information will follow regarding motions which have not been dealt with by way of consent.
  • Applicants seeking leave to apply ex parte by way of application for judicial review on the Judicial Review Ex Parte List each Monday should contact the Central Office to make an appointment to file and lodge papers.
  • Motions listed in the Common Law Lists which were adjourned generally with liberty to re-enter because of COVID-19, together with any Motions listed for hearing up until (and including) 27 July 2020, can be dealt with by way of a consent order without attending court.
  • The Bankruptcy List will resume on 8 June 2020. Cases listed for 23 and 30 March 2020, 20 and 27 April 2020 and 11, 18 and 25 May 2020 stand adjourned generally with liberty to re-enter. All such cases will be re-entered for dates from 8 June 2020 onwards, taking into account the urgency of the matter and the limitations regarding the number of cases permitted in the list.
  • Consent orders in all matters can be obtained without the need to attend court; parties can simply send an email exhibiting each party's consent to hcmotions@courts.ie, along with the record number and the relevant list in which the proceedings appear.
  • Applications for protective certificates or approval of debt settlement arrangements/personal insolvency arrangements will be deferred unless the personal insolvency practitioner notifies the Central Office at dublincivillaw@courts.ie of the circumstances warranting urgency. Applications to extend protective certificates require an email from the personal insolvency practitioner setting out the background to the matter and the manner in which the statutory criteria for such an extension have been met.
  • All applications listed for hearing before the Master of the High Court continue to be adjourned generally with liberty to enter, further guidance on the Masters List is expected in due course.

The Circuit Court

The President of the Circuit Court has announced that, at the discretion of each court, the Circuit Court may sit from 29 May 2020 to 9 June 2020, to deal with such business as is necessary.

Criminal cases　

  • Jury Trials to resume in many venues in the Circuit Court in September 2020.

District Court appeals

  • District Court appeals to be remanded after 10 June 2020.
  • A Judge will be available to hear urgent applications and will remand/adjourn the District Court Appeals List to a date after 10 June 2020. Custody cases are to proceed on the adjourned date. Non-custody cases will be listed for mention only on the adjourned date.

Family Law

  • Family law matters adjourned since March 2020 will be given a hearing date by the relevant Court Office as soon as possible. Trial dates will be allocated time slots based on the information furnished on the case management questionnaire lodged in the relevant Court Office.
  • Consideration will be given to dealing with matters remotely where possible and appropriate. The Presiding Judge will decide which cases are suitable to be heard remotely.
  • A Judge will be available to sit on each circuit to hear urgent applications. Urgent applications should be emailed to the relevant Circuit Court Office.

Civil Cases and Motions

  • A Judge will be available to sit on each circuit to hear urgent applications. Urgent applications should be emailed to the relevant Circuit Court Office.
  • Hearings adjourned since March will be given a hearing date by the relevant Court Office as soon as possible. Trial dates will be allocated time slots based on the information furnished on the case management questionnaire lodged in the relevant Court Office.
  • Consideration will be given to dealing with matters remotely where possible and appropriate. The Presiding Judge will decide which cases are suitable to be heard remotely.
  • The Circuit Court will, on a temporary basis, accept consent adjournment applications by e-mail provided the court is satisfied that all parties are consenting and are in agreement.
  • In order to have a hearing listed in Dublin Circuit Court, a Case Management Questionnaire and/or a Statement of Fact must be submitted to the Dublin Circuit Court Office and a hearing date will then be allocated.

The District Court

The District Court continues to hear urgent matters only in all District Court Districts throughout the country.

The District Court will, on a temporary basis, accept consent applications by e-mail provided the application does not require the hearing of evidence and the court is satisfied that all parties consent.

Urgent matters have been extended to include:

Criminal Law

  • Cases where the accused is in custody and cases where people are charged with new offences. It does not include criminal cases where the accused is on bail or is not in custody. Cases where an accused is in custody should be heard by video conferencing technology where possible.
  • Attendance for service of Books of Evidence and sending forward for trial on indictment and cases for sentencing where a guilty plea is indicated, resuming and concluding part-heard cases, prosecutions for alleged breaches of Domestic Violence Orders and hearing cases requiring only Garda witnesses.

Family Law

  • The District Court has introduced a new Practice Direction to facilitate the use of live television link technology to expand the efficiently and effectiveness in specified civil proceedings. The Practice Direction applies to childcare and family law proceedings in which the parties have legal representation and where the use of such technology will not give rise to unfairness or be contrary to the interests of justice. In addition, parties without legal representation in family or childcare matters and parties in other civil matters can apply to have evidence heard by way of live television link.
  • New applications for protection orders, interim barring orders and emergency barring orders. If safety order hearings are being adjourned interim protective orders will be extended to the new date.
  • Applications and hearings for breach of maintenance or access that have occurred during the emergency period or applications and hearings for temporary guardianship orders.
  • Remote call-overs and hearings may be conducted in some courts.

Child Care Law 

  • Applications for extension of care orders, interim care orders, emergency care orders, exceptional or urgent interim care orders, after-care reviews, part-heard care order hearings and certain care order hearings and applications to regulate access.
  • Remote call-overs and hearings may be conducted in some courts.

Civil Matters

  • All District Court Civil matters are considered to be non-urgent and will be adjourned generally with liberty to re-enter either on consent or on notice to the other party.

Exceptions

A case which does not come within the defined urgent category can be treated as urgent if a good case can be made. A party can email the relevant court office setting out the reasons why the case should be considered urgent. This should be on notice to the other side who must be given a chance to set out their position.

Court Offices

  • The Stamp Office has temporarily re-located to the Ground Floor of the Four Courts. The Stamp Office is open from 10am to 2pm and operates a strict cheque only policy.
  • Provincial court offices are open by appointment only to deal with essential business applications and members of the public and legal practitioners will not be served without an appointment.
  • Provincial court offices remain operational and continue to accept duly stamped court documents for filing by post and a drop box will operate at all provincial court offices.

Central Office

  • The offices of the Court of Appeal and Supreme Court have relocated to the Central Office.
  • The Central Office is open by appointment only to deal with applications in respect of urgent matters and the issuing of proceedings where the statutory time limit to issue is close to expiring.
  • The Central Office remains operational and continues to accept duly stamped court papers by post, DX, and electronically by email (276001).

Statue of Limitations

  • While court offices remain operational and continue to accept duly stamped court documents, standard time limits and limitation periods apply.

For further information please contact Enda Hurley, Partner, Ciarán Ó Conluain, Partner, Rebecca McGrath, Solicitor or a member of the A&L Goodbody Litigation & Dispute Resolution team.

This article was last updated 22 May 2020.