Unless Orders Reminder

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As the new Court term begins, we thought we would remind practitioners of the recent change in civil litigation when seeking Judgment in default of an Appearance, Defence and or Statement of Claim under Statutory Instrument SI 490 of 2021.

In summary:

  • If a party are seeking an extension of time for the deliverance of an Appearance, a Defence or a Statement of Claim, the Judge will now grant an ‘Unless Order’. This can be dealt with at the consent stage of the callover of the list, but must be made before the Judge, even if both parties consent to it.
  • Consequently, unless the Appearance, Defence or Statement of Claim is delivered within the ordered time frame, Judgment in the proceedings will be made.
  • The normal time period agreed is usually between 6-8 weeks with shorter periods granted in exceptional circumstances.
  • Both parties need to consent to this, and if not, the opposite parties should be informed that the application is being made.
  • Note, Parties must inform the other side in advance of the motion by writing to them 28 days before the bringing of the motion and then serving the motion on them.

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Galway Personal Injuries List, (Monday 26th June 2023 to Friday 7th July 2023)

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There will be a callover of all cases set down for the Galway Personal Injuries List on Tuesday the 13th June 2023  at 11.00 a.m before Ms Justice Egan to fix dates for the Sittings commencing the 26th June 2023. Please note where there is no Appearance by either party the Notice of Trial may be Struck Out.

Please see the attached list here;  Galway 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 Monday 12th June 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

Sprints and Strolls in the Saturday Sun for the 25th Calcutta Run

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Our team t-shirts matched extremely well with the stunning sky on Saturday for the 25th Calcutta Run in aid of the Peter McVerry Trust and The Hope Foundation! From fast pavement pounders to leisurely strollers and four legged friends, well done to all who took part.

The lawn full of lawyers at Blackhall Place was a sure sign of success as burgers and cold beverages were devoured post-race with face-painting and music adding to the buzzing atmosphere.

A great day, for a great cause.

Dundalk Personal Injuries List, (Monday 10th July 2023 to Friday 21st July 2023)

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There will be a callover of all cases set down for the Dundalk Personal Injuries List on Tuesday the 13th June 2023  at 11.00 a.m before Ms Justice Stewart to fix dates for the Sittings commencing the 10th July 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 PI Callover   (please note there is a typo in the notice in relation to the date of the Callover but we have confirmed the 13th June with the Registrar)

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 Monday 12th June 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 Judith Cleary of our Office at jcleary@pearts.ie.

Limerick Personal Injuries List Sitting at Ennis, (Monday 19th June 2023 to Thursday 29th June 2023)

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There will be a Positive callover of all cases set down for the Limerick Personal Injuries List on Thursday the 25th May 2023 on a Hybrid basis at 10.00a.m before Mr Justice Barr to fix dates for the Sittings commencing the 19th June 2023. As this is a Positive callover, where there is no Appearance by either party the Notice of Trial may be Struck Out. No applications for Consent adjournments will be taken by the Registrar.

Please see the attached list here; Limerick Sitting at Ennis List

As noted in the Callover List Mr Justice Barr 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 Wednesday the 24th May 2023. No instructions will be taken on the morning of the callover.

In keeping with previous Callovers of the Limerick List and as noted at the beginning of 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 Jonathon Hanlon of our Office at jhanlon@pearts.ie

Future strategy of the Law Society – Survey of Solicitors Closing Date May 2nd

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Colleagues,

As you may be aware, on 19 April, The Law Society launched an independent and anonymous online survey of all solicitors and trainees to invite their views on the challenges and opportunities facing the profession.

A reminder to all solicitors has also been sent by the research partner Behaviour & Attitudes (B&A) over the last day or two that the closing date for the survey is Tuesday 2 May, so we’re into the last few days.

Their current strategy expires in December so this survey forms an important part of the consultation process to develop the next statement of strategy.

As Council Members, we have been asked to help to spread the word to our colleagues with an encouragement to everyone to complete the survey, and thereby have your opinion heard.

Thanks for all your help with this important initiative.

Waterford Personal and Fatal Injuries List, Sittings (Wednesday 7th June to Friday 16th June 2023)

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A positive call over of all cases set down for the Waterford Personal Injury List will take place on Wednesday the 3rd May 2023 at 11.00am remotely before Mr Justice Hanna. 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; Waterford 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 Tuesday the 2nd May 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 that have been set down for over 2 years and a convincing reason for an adjournment will be required.

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

Sligo Personal Injuries List (Monday 8th May to Friday 19th May)

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A Callover of matters set down for the Sligo Personal Injuries List will take place on Wednesday the 19th April 2023 at 11.00 am before Mr. Justice Hanna to fix dates for the Sittings commencing the 8th May 2023. As with all previous Callovers, where there is no Appearance by either party the Notice of Trial may be Struck Out. The List will be held on a Hybid basis with the Courtroom to be confirmed and the Registrar will sit at 10.30 am to deal with Consent applications.

 Please see the attached list here;  Sligo 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 Tuesday the 18th April 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, Record Number 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 all 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.

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

Cork Personal Injuries List (Monday 8th May to Friday 19th May)

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There will be a callover of all cases set down for the Cork Personal Injuries List on Wednesday the 19th April 2023  at 11.00 a.m before Ms Justice O’ Regan to fix dates for the Sittings commencing on the 8th May 2023. Please note as this a positive Callover; where there is no Appearance by either party in matters set down for trial prior to the 19th April 2022 (up to and including List Number 19639a CK) the Notice of Trial may be Struck Out.

Please see the attached 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 Tuesday 18th April 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 SI 391 has been complied with and if not what date it will be.
  5. 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).
  6. If an order is being sought please set out what is to happen with the Costs.
  7. If the matter is to be adjourned please provide full and detailed instructions of the reason for the adjournment.

As with previous provincial Callovers, adjournments may only be granted where a compelling reason is put before the Court. The Judge may decide to strike out the Notice of Trail if they do not feel there is reason enough to grant an adjournment.

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

Physical Hearings Resuming in the Probate Court from April 17th

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Following today’s announcement from the Courts Service that the Probate Court is going back to physical hearings at the start of the next term, Pearts would like to remind all practitioners that, as with all courts, we are also happy to attend on Probate matters on your behalf too.

The Pearts Probate team is here to help and have the necessary skill and expertise to be able to carry out pre-assessment checks of all papers which can save you valuable time and may avoid the need to re-submit the papers for assessment.

Please get in touch with Anne Joyce ajoyce@pearts.ie in our Probate Department if we can be of any assistance.