Sligo Personal Injuries List, Sittings (Monday 29th April 2024 to Wednesday 8th May 2024)

A Callover of all cases set down for the Sligo Personal Injury List will take place on Wednesday the 20th March 2024 on a hybrid basis before Mr Justice Barr at 10.30am. Please note as per the directions in the Callover where there is no appearance by either side the Notice of Trail may be struct out. The Registrar will sit at 10 am to deal with Consent Applications.

Please see the List here; Sligo PI Callover List Keep reading →

Court of Appeal Directions List – News Update

The Court of Appeal have announced that the Court of Appeal Callover, Directions, and Motions Lists held each Friday will be entirely physical from now on.

There will be no provision for parties to attend remotely unless the Court gives permission in advance. To seek permission an application should be made to the Judge in advance and be supported by a medical report setting out the medical reasons why the party cannot attend Court physically.

If you have any further queries concerning this or wish to instruct us to attend Counsel please contact Denise Hartnett (dhartnett@pearts.ie) in our office who will be happy to assist you.

Kilkenny / Waterford Personal Injuries List, Sittings (Monday 6th February 2024 to Friday 16th February 2024)

There will be a positive call over of all cases set down for the Kilkenny / Waterford Personal Injury List will take place on Friday the 12th January 2024 at 11.00am on a hybrid basis before Ms Justice Egan. Please note as this is a Positive Callover any non-attendance in cases will result in the Notice of Trial being struck out. The Registrar will sit at 9.30am before the callover to deal with any consent orders only,  adjournment application must be made to the Judge.

Please see the List here; Kilkenny PI Callover List

If you require us to attend or make an application on your behalf you should forward your instructions to reach us no later than 1.00pm on Thursday the 11th January 2024. No instructions will be taken on the morning of the callover.

When forwarding instructions please ensure to include all the following information;

  1. Title and List Number of the action.
  2. The party for whom you act.
  3. When the matter was set down.
  4. If the application is on Consent of the other parties or on notice. (If on notice please advise the date on which they were notified of the application being made).
  5. If an order is being sought please set out what is to happen with the Costs.

Please note as per previous provincial Callovers, the Court will be reluctant to adjourn matters and a compelling reason for an adjournment will be required.

Instructions and enquiries should be forwarded to Jonathon Hanlon of this Office who can be contacted at jhanlon@pearts.ie

Limerick Personal Injuries List (Monday 12th February 2024 to Friday 23rd February 2024)

There will be a Positive callover of all cases set down for the Limerick Personal Injuries List on Friday the 12th January 2024 on a Hybrid basis at 10.30 a.m before Ms Justice Stewart to fix dates for the Sittings commencing the 12th February 2024. As this is a Positive callover, where there is no Appearance by either party the Notice of Trial will be Struck Out. The Registrar will sit at 9.30 to deal with any matters that can be dealt with on Consent including calling matters on for hearing on consent.

Please see the attached list here; Limerick PI List

Ms Justice Stack requires any party attending to be fully briefed in the case and in a position to advise the Court of the required information. When sending instructions please provide the following information;

  • Date of accrual of cause of action
  • Date of compliance by all parties with SI 391/1998
  • Duration of Trail
  • If the matter is assessment only
  • If VMR facilities will be required at the trial
  • If the other side were put on notice of the application, please provide the date notice was given
  • If an application to adjourn on consent is to be made please provide a detailed reason

If you require us to attend on Counsel or make an application on your behalf you should forward your instructions to reach us no later than 1.00pm on Thursday the 11th January 2024. No instructions will be taken on the morning of the callover.

In keeping with previous Callovers of the Limerick List and as noted within the Callover; adjournments, regardless of if they are on Consent, may have the Notice of Trial Stuck Out or be entered into the “SL List”. Please see the Callover List attached for further details in relation to the “SL List”.

If you have any queries in relation to the above please contact Edel Purcell of our Office at epurcell@pearts.ie. 

Galway PI Callover 20th December 2023

There will be a Positive callover of all cases set down for the Galway Personal Injuries List on Wednesday the 20th December 2023 on a Hybrid basis at 10.30 a.m before Mr Justice O’ Connor to fix dates for the Sittings commencing the 12th February 2024. As this is a Positive callover, where there is no Appearance by either party the Notice of Trial will be Struck Out. No applications for Consent adjournments will be taken by the Registrar.

Please see the attached list here; Galway PI Callover

As noted in the Callover List Mr Justice O’ Connor requires any party attending to be fully briefed in the case and in a position to advise the Court of the required information. For this reason we will only be in a position to deal with the following applications at the Callover;

  • Attend on Counsel
  • Strike Out matters on Consent
  • Call matters on for hearing on Consent (for this application we will require to know the dates of compliance with Order 39 Rule 46)

If you require us to attend on Counsel or make an application on your behalf you should forward your instructions to reach us no later than 1.00pm on Tuesday the 19th December 2023. No instructions will be taken on the morning of the callover.

In keeping with previous Callovers and as noted at the beginning of the Callover; adjournments, regardless of if they are on Consent, may result in the Notice of Trial being Stuck Out.

If you have any queries in relation to the above please contact Jonathon Hanlon of our Office at jhanlon@pearts.ie

Christmas Holiday Arrangements

We wish to advise that our offices will close for the Christmas break on Friday
the 22nd December 2023 at 1.00 p.m. and will re-open on Tuesday the 2nd
January 2024 at 9.00 a.m.

If you are planning to send anything of an urgent nature, please ensure that you
send it in time to reach us no later than first post on Wednesday the 20th
December 2023, as we cannot guarantee that anything received after that date
will be processed and returned to you, before Tuesday 2 nd January 2024.

We would like to take this opportunity to express our thanks to you, our
colleagues, for all of your loyal support and understanding throughout 2023.
Gerard and I, and all the Staff of Pearts wish you and yours a very Happy
Christmas and a peaceful New Year.

Cork Personal Injuries List, Sittings (Monday 15th January 2024 to Friday 26th January 2024)

A call over of all cases set down for the Cork Personal Injury List will take place on Thursday the 14th December 2023 remotely before Mr Justice Holland at 10am. Please note as per the directions in the Callover where there is no appearance by either side the Notice of Trail may be struct out. The list will be called over until the quota of 120 cases has been reached.

Please see the List here; Cork PI Callover

 

If you require us to attend or make an application on your behalf you should forward your instructions to reach us no later than 1.00pm on Wednesday the 13th December 2023. No instructions will be taken on the morning of the callover.

When forwarding instructions please ensure to include all the following information;

  1. Title and List Number of the action.
  2. The party for whom you act.
  3. When the matter was set down.
  4. If the application is on Consent of the other parties or on notice. (If on notice please advise the date on which they were notified of the application being made).
  5. If an order is being sought please set out what is to happen with the Costs.

Please note as per previous provincial Callovers, the Court will be reluctant to adjourn matters and a convincing reason for an adjournment will be required regardless of if there is consent.

Instructions and enquiries should be forwarded to Edel Purcell of this Office who can be contacted at epurcell@pearts.ie

Dundalk Personal Injuries List, (Monday 4th December 2023 to Thursday 14th December 2023)

** We apologise for the lateness of this notice – the date and List have only been published this afternoon, Monday the 13th November 2023 **

There will be a callover of all cases set down for the Dundalk Personal Injuries List on Wednesday the 15th November 2023  at 11.00 a.m before Ms Justice Stewart to fix dates for the Sittings commencing the 4th December 2023. Please note as per the notice contained in the List, where there is no Appearance by either party the Notice of Trial may be Struck Out. The Registrar will sit at 10.30 to deal with Consent Orders only.

Please see the attached list here; Dundalk Callover List

If you require us to attend or make an application on your behalf you should forward your instructions to reach us no later than 4.00pm on Tuesday 14th November 2023. No instructions will be taken on the morning of the callover.

When forwarding instructions please ensure to include all the following information;

  1. Title and List Number of the action.
  2. The party for whom you act.
  3. When the matter was set down.
  4. If the application is on Consent of the other parties or on notice. (If on notice please advise the date on which they were notified of the application being made).
  5. If an order is being sought please set out what is to happen with the Costs.
  6. If the matter is to be adjourned please provide full and detailed instructions of the reason for the adjournment.

 
Please note as per previous provincial Callovers, the Court will be reluctant to adjourn matters and a convincing reason for an adjournment will be required regardless of if the Adjournment is on Consent.

If you have any queries in relation to the above please contact Jonathon Hanlon of our Office at jhanlon@pearts.ie

Changes to the Non-Jury, Judicial Review and Asylum, Immigration and Citizenship Lists

Several changes have been made by Justice Hyland to the Non-Jury, Judicial Review and Asylum, Immigration and Citizenship Lists. These changes include earlier book lodgements, requirements for some books to be brought physically to court, changes to how a practitioner requests late lodgement of books and an update on consent applications.

We strongly recommend that all practitioners who have matters in these lists, thoroughly review the below details to avoid their motions and/or hearings from being struck out.
 
As always, our team is available to assist with book lodgements, attendance on counsel and/or in the list, and any queries you may have.

  1. Non-Jury, Judicial Review and Asylum Hearings and Callover of Hearings
    1. Papers for hearings in Non-Jury, Judicial Review and Asylum Lists must be lodged in the List Room no later than the Tuesday of the week prior to the Hearing date. (Please note, this deadline does not apply to the Monday Judicial Review ex-parte list and the Monday Asylum and Immigration ex-parte list- for information on lodgement for that list, see item 3 below).
    2. Parties in Asylum, Immigration and Citizenship List hearings should note that the Tuesday deadline supersedes the deadline for lodgement of papers for hearings included in Asylum Practice direction HC81.
    3. Any application for late lodgement of papers must be made to the List Judge at the callover on the Thursday of the week prior to the Hearing date.
    4. The callover takes placed on a hybrid basis and begins at 10 a.m. Parties must also indicate at the callover whether the hearing will be physical, hybrid, or remote. If no preference is given, the hearing will be physical. If there is no attendance at the callover, the hearing will be struck out.
    5. Correspondence to the registrars/mailbox/Judicial Assistant seeking permission for the late lodgement of papers, requests to change the mode of hearing, or applications to reinstate hearings that have been struck out will not be acknowledged. No additional/missing documents will be accepted by email. Any further applications must be made to the Court at the end of the list any day.
    6. Papers for hearings will not be returned and will be shredded. They must be re-lodged prior to any new hearing date.
  1. Case Management Hearings
    1. Lodgement of papers in advance is no longer required for Case Management hearings. If there are papers that the parties wish to bring to the attention of the Court, these may be handed in by the solicitor when the matter is called.
  1. Judicial Review Ex Parte and Asylum Ex Parte Lists
    1. Papers for Judicial Review ex-parte applications listed in the Monday Judicial Review ex-parte list and the Monday Asylum ex-parte list must be lodged in the List Room no later than the Monday of the week prior to the list (i.e.no later than 7 days before the Listing). Due to capacity issues in the List Room, papers can only be accepted from a fortnight before the listing date up until the Monday of the week prior to the Listing.
    2. Papers for leave applications will not be returned and will be shredded They must be re-lodged prior to any adjourned date.
  1. Judicial Review and Asylum- “Leave on Notice” Applications
    1. If the Court directs that an application for leave to seek Judicial Review is to be made on notice, the applicant/applicant’s solicitor must liaise with the solicitor for the respondent prior to the return date to ascertain if the leave application will be contested.
    2. If the leave application will not be contested, the applicant/applicant’s solicitor must hand in a copy of the Statement of Grounds to the Judge in court.
    3. If the leave application is contested by the respondent(s), a hearing date will be given and papers must be lodged in the List Room prior to the hearing in accordance with Item 1 above.
  1. Judicial Review and Asylum- Applications to Open and Adjourn (to stop time)
    1. Applications to open a Judicial Review for the purposes of stopping time only can be made at the end of the list any day, provided the case has been issued by the Central Office and a record number has been obtained.
    2. Practitioners do not have to email the registrar to ask for permission to mention the proceedings in advance. Booklets of papers are not required in Court for the application to open the Judicial Review for the purposes of stopping time.
  1. Matters Listed for Mention
    1. Papers are not to be lodged in the List Room for matters listed for mention. If there are papers which the parties wish to bring to the attention of the Court, these are to be handed in when the matter is called.
    2. Emails to registrars/Judicial Assistants regarding papers/correspondence for the Judge will not be acknowledged.
  1. Queries to the Non-Jury/Judicial Review List mailbox
    1. Parties should be mindful of the volume of correspondence that registrars are receiving and must consult High Court Search, the list diaries and Today’s cases on the Legal Diary and this notice before contacting the registrar/mailbox.
    2. The Non Jury and Judicial Review mailbox (nonjuryjudicialreview@courts.ie) should primarily be used to send in terms of orders or to request that certified actions are listed for mention to get a hearing date.
    3. The most efficient way of raising queries is to mention your query to the Non-Jury and Judicial Review registrar before the List or at the end of the list on Tuesday-Friday inclusive.
    4. Most other requests to list matters for mention can mentioned to the Judge at the end of the List on Tuesday (in respect of Judicial Review proceedings), Wednesday (in respect of non-Jury proceedings) or Fridays (in respect of Asylum applications).
    5. If sending a query to the mailbox, please ensure the record number is quoted in the subject line of the correspondence.
  1. Consent Applications
    1. Consent applications in the Non-Jury and Judicial Review Lists will be taken by the registrar on Tuesday, Wednesday and Friday from 10:15. On Thursday, consent applications will be taken at the end of the Callover of hearings.
  1. Obtaining a hearing date for Non-Jury Actions
    1. Once the Certificate of Readiness has been filed in the Central Office, please email nonjuryjudicialreview@courts.ie along with a soft copy of the Certificate. The action will be listed for mention on the next available Wednesday.
    2. Once the registrar provides the date, the requesting party must then inform the other party/parties of the date.

VOTE FOR VALERIE!

Valerie Peart SolicitorThey say that time flies when you are enjoying yourself, and I would have to admit that my participation on the Law Society Council since 2009, has been amongst the most enjoyable and memorable time of my career, to date.

With changes coming that are inevitable, the next few years are likely to challenge us even more, which is why I seek to remain involved at Council level and for that, I NEED YOUR VOTE!

 

I have always been genuinely overwhelmed by the level of response that I have received when seeking support at election time and I like to think that I have made and will continue to make a valuable contribution to the work of Council. Keep reading →