VOTE FOR VALERIE!

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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 →

Limerick Personal and Fatal Injuries List (Monday 6th November 2023 to Thursday 16th November 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 19th October 2023 on a Hybrid basis at 10.00a.m before Ms Justice Stack to fix dates for the Sittings commencing the 6th November 2023. 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; Limerick Callover List

As noted in the Callover 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 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 18th October 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 Edel Purcell of our Office at epurcell@pearts.ie

Galway Personal Injuries List, (Monday 16th October 2023 to Thursday 26th October 2023)

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There will be a Positive callover of all cases set down for the Galway Personal Injuries List on Thursday the 28th September 2023 on a Hybrid basis at 12.00 pm before Mr Justice O’ Connor to fix dates for the Sittings commencing the 16th October 2023. 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 Callover List

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 Wednesday the 27th September 2023. No instructions will be taken on the morning of the callover.

In keeping with previous Callovers of Provincial Lists and as noted at the beginning of the Callover; adjournment applications, 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

Waterford Personal Injuries List, Sittings (Monday 16th October to Friday 27th October 2023)

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A positive call over of all cases set down for the Waterford Personal Injury List will take place on Tuesday the 19th September 2023 at 11.00am remotely before Mr Justice Ferriter. 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 Monday the 18th September 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 a year 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.

Cork Personal Injuries List, Sittings (Monday 2nd October 2023 to Friday 13th October 2023)

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A call over of all cases set down for the Cork Personal Injury List will take place on Friday the 8th September 2023 remotely before Ms Justice O’ Regan at 11am. Please note as this will be a Positive Callover with respect to matters set down for trial prior to the 8th September 2022 – up to and including 19792 CK no appearance by either side in these matters may result in the Notice of Trial being struck out. The list will be called over until the quota of 120 cases has been reached.

Please see the List here; Cork 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 7th September 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 Judith Cleary of this Office who can be contacted at jcleary@pearts.ie

Irish Law Awards 2023

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Feeling very fancy for a Friday night, Valerie Peart, Gerard Wade, Tadgh Kelly Solicitor and Niamh Wade BL joined forces at the Clayton Hotel Burlington Road on June 9th to toast colleagues and clients at the Dye & Durham Irish Law Awards 2023.

We were thrilled to have been a finalist once again in the category of ‘Service Provider to the Legal Profession’. Having only just taken home the trophy at the awards in October 2022, we were not overly surprised that we didn’t win again, but were delighted for Finders International who received the award in the category. Keep reading →

Cork Personal Injuries List, Sittings (Monday 17th July 2023 to Friday 28th July 2023)

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A call over of all cases set down for the Cork Personal Injury List will take place on Friday the 23rd June 2023 remotely before Ms Justice O’ Regan at 11am. Please note as this will be a Positive Callover with respect to matters set down for trial prior to the 23rd June 2022 – up to and including 19727CK No appearance by either side in these matters may result in the Notice of Trial being struck out. The list will be called over until the quota of 120 cases has been reached.

Please see the List here; Cork 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 22nd 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.

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

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.

Keep reading →

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