High Court to hear contested witness actions remotely during Level 5 restrictions
The High Court has confirmed that the Courts will facilitate the listing of personal injuries cases for remote hearing during lockdown if all parties agree. This has the potential to significantly extend the range of work which can be undertaken during lockdown. Since the onset of COVID-19, the Judiciary and the Courts Service have been working with the legal profession to progress legal proceedings remotely where possible, to reduce interruption to the work of the Courts during the COVID-19 pandemic. However, until now it has generally not been possible for defended witness actions to proceed remotely, leading to increasing delays in resolving personal injuries and other cases due to COVID-19 restrictions. The inability to conduct the trial of witness actions in civil proceedings has led to a mounting backlog in many Court lists. Such delays may have significant implications for litigants and the future functioning of the Courts.
The Remote Court Taskforce which was established by the Chief Justice and is led by Judge Barniville has been seeking to ensure that as much Court work as possible can progress remotely during lockdown. A&L Goodbody's Liam Kennedy is a Law Society representative on the task force and was responsible for coordinating a recent mock personal injury trial before Judge Kevin Cross to test whether such proceedings could be conducted remotely, with witness testimony and cross-examination. The initiative was supported by the judiciary, the Courts Services, the Law Society of Ireland, the Bar Council and the Commercial Litigation Association of Ireland who participated in the demonstration.
The pilot was recognised as a success by all participants. It was recognised that remote hearings would not be suitable for all cases (such as particularly complex ones involved multiple parties, or where serious issues of credibility were pivotal). However, it was agreed that, as international experience has shown, many actions may be dealt with effectively by remote hearing.
As a result, the President of the High Court has confirmed that the Courts will facilitate the listing of personal injuries cases for remote hearing where both parties agree that such cases may be dealt with remotely. The facility to list cases for remote hearing might have another important benefit by providing an incentive for the parties to focus on negotiations or mediation as a means to resolution of disputes. It is a welcome development designed to facilitate the continued operation of the Courts during the pandemic and will reduce delays in the administration of justice. Practitioners and litigants are hopeful that a positive experience of remotely heard personal injury actions will pave the way for remote trials of other types of cases involving cross examination of witnesses.
For further information please contact Enda Hurley Partner, Sarah Murphy Partner, Liam Kennedy Partner or any member of Litigation & Dispute Resolution team.
Date published: 27 January 2021