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Court: High
Topic: Asylum, immigration, citizenship
Category: Civil

HC78 - Asylum, immigration and citizenship list

1. This Practice Direction applies to:

  1. any proceedings which include relief subject to s. 5 of the Illegal Immigrants (Trafficking) Act 2000 as amended from time to time;

    any other proceedings which include relief related to asylum, subsidiary protection, immigration, freedom of movement, naturalisation, citizenship, marriages entered into for immigration advantage, or areas related to any of the foregoing; and

  2. any proceedings which include relief as to EU law rights related to any of the foregoing matters.


2. (1) Subject to sub-paragraph (2), this Practice Direction applies to such proceedings, whether commenced before or after the date referred to in paragraph 44.

(2) Paragraphs 30 to 32, insofar as they concern the format of written submissions, shall apply to such submissions in proceedings transferred to the List to Fix Dates on or after the 30th May 2018.

The Monday List

3. Save in cases of urgency or during a vacation, applications for leave to apply for judicial review (“applications for leave”) shall first be made on a Monday in Term (“the Monday list”) to the Judge in Charge of the Asylum, Immigration and Citizenship List (“the Judge in charge of the List”).

4. Save in cases of urgency, any motion or application intended to be moved in a proceeding to which this Practice Direction applies shall be made returnable for the Monday list.

5. The cases listed for hearing in the next following three weeks within the Term will be called over in the Monday list to confirm that they will proceed and that the requirements of this Practice Direction have been met. Practitioners are obliged to ensure attendance at this positive call over with adequate instructions to ensure the matters listed for hearing are ready to proceed and shall specifically inform the court if any such requirements have not been met or if the case is likely to require transfer to the Holding List in accordance with paragraph 24. Unless otherwise ordered, the order in which matters shall be taken in the Monday list is as follows:

  1. ex parte applications;

    Not before 11.15 am:

  2. Matters listed in Advance Warning List;

  3. Call-over of cases in the List to Fix Dates in which papers have not been lodged in the Central office for the attention of the Judge in charge of the List;

  4. Call over of next three weeks’ hearing dates;

  5. Matters listed for mention (including for directions) or for hearing.

Pleadings

6. Unless the Court otherwise expressly orders, the Minister for Justice and Equality shall be named as a respondent in any proceedings to which this Practice Direction applies.

7. The attention of applicants is drawn to the following:

  1. Order 84 rule 20(3), which provides that it shall not be sufficient for an applicant to give as any grounds of relief or interim relief an assertion in general terms of the ground concerned, but the applicant should state precisely each such ground, giving particulars where appropriate, and identify in respect of each ground the facts or matters relied upon as supporting that ground,

  2.  the judgment of the Supreme Court in Babington v. the Minister for Justice, Equality and Law Reform & Ors. [2012] IESC 65 which concerns compliance with that requirement, and

  3. the requirement that the relief sought must specify the nature of the decision challenged, for example “the decision of the Minister of … (date) to (specify decision e.g., to refuse a residence card to the applicant)”.

8. Practitioners are reminded of the following:

  1. Pleadings which claim an excessive number of reliefs and/or involve an excessive number of grounds may be held to be in breach of the duty to avoid waste of the court’s time and any such breach may have costs consequences.  Accordingly, statements of grounds should not claim declaratory relief that is in substance merely repetitive of the primary relief sought.

  2. Practitioners should have regard to the principle that duplicative relief is not normally granted, and that therefore, with limited exceptions, declarations are generally redundant if substantive relief by way of certiorari or mandamus is granted, and inappropriate if that substantive relief is refused. Declaratory relief should therefore normally only be claimed where it provides some distinct benefit to the applicant not encompassed by any order of certiorari or mandamus sought (for example, where the applicant seeks a declaration of unconstitutionality of a statute), or where the nature of the case is such that there is a prospect that the court might grant a declaration as an alternative to certiorari or mandamus.

  3. An applicant may however in any case, in addition to substantive relief by way of certiorari or mandamus, seek as a sole declaratory relief “Such declaration(s) of the legal rights and/or legal position of the applicant and/or persons similarly situated as the court considers appropriate”, or a relief to the like effect. The precise terms of any such declaration sought can then be addressed by way of legal submissions within the confines of the legal grounds pleaded in the statement of grounds.

9. The grounds advanced as to the entitlement in law to the reliefs claimed should not be confused with a statement of the relevant facts which should be confined to a distinct section of the Statement of Grounds entitled “Relevant Facts”.

10. Statements of grounds and statements of opposition must state the names of any counsel who settled such documents.

11. In the event of a minor applicant coming of age during the currency of the proceedings, the applicant must promptly apply to the Central Office in accordance with Order 15 rule 16 for a certificate enabling the applicant to proceed in his or her own name, which certificate should be included in the book of pleadings.

12. The Statement of Grounds must be supported by an affidavit of each and every adult applicant who appears on the pleadings, sworn prior to moving the ex parte application, or as soon as possible thereafter, unless otherwise specifically ordered by the Court.  An application to dispense with this requirement must be accompanied by an affidavit setting out why the swearing of such an affidavit is not possible and confirming that the applicant’s solicitors remain instructed by any such adult applicant.

13. The affidavit verifying the Statement of Grounds must exhibit a full copy of the following material (“all relevant material”):

  1. the document initiating the process such as any proposal by a respondent or other public body or office-holder to make a decision or any application form or notice of appeal completed by or on behalf of an applicant;

  2. all submissions made by or on behalf of an applicant and any other material submitted, including where applicable notes of any interview with the applicant;

  3. the text of the decision;

  4. the document notifying the applicant and/or his or her legal representatives of the decision;

in respect of each and every decision impugned in or relevant to the proceedings and each and every prior immigration or protection decision related to each applicant.

14. The attention of respondents is drawn to Order 84 rule 22(4), which provides that the statement of opposition and verifying affidavit shall be filed within three weeks of the service of the originating notice of motion on the respondent. On the first mention date, unless strict compliance with the foregoing sub-rule is required or unless it otherwise orders in the circumstances of the case, the Court will adjourn the proceedings for six weeks, peremptorily, for lodgement of the statement of opposition and (if required) verifying affidavit.

15. A statement of opposition does not need to be supported by an affidavit if it consists only of one or more of the following:

  1. a traverse of any or all of the matters alleged in the statement of grounds;

  2. a legal plea arising from facts put forward by, or documents exhibited by, an applicant;

  3. a legal plea arising from facts otherwise on the court record (such as an objection as to time arising from the date of filing of pleadings).

16. A statement of opposition that contains a positive plea that is based on evidential matters not otherwise before the court must be supported by an affidavit.

17. (1) The attention of respondents is drawn to Order 84 rule 22(5), which provides that it shall not be sufficient for a respondent in a statement of opposition to deny generally the grounds alleged by the statement grounding the application, but the respondent should state precisely each ground of opposition, giving particulars where appropriate, identify in respect of each such ground the facts or matters relied upon as supporting that ground, and deal specifically with each fact or matter relied upon in the statement grounding the application of which he does not admit the truth.

(2) In giving effect to the foregoing requirement it is however unnecessary for a statement of opposition to contain a denial of the allegations of fact or law in a statement of grounds individually, issue by issue or paragraph by paragraph, or to assert that the applicant is not entitled to relief or costs, or that the respondent(s) are entitled to costs. It is sufficient for a statement of opposition to contain only the following:

  1. a statement that the allegations of fact and law in the statement of grounds are denied save (if applicable) that specified matters in the statement of grounds are admitted and/or that the applicant is put on strict proof of specified matters, and/or a statement that the matters of fact relied on by the applicant do not give rise to legal grounds for the relief claimed; and

  2. a statement of any specific matters of fact or law positively relied on by the respondent(s), for example that specified facts or circumstances preclude the grant of relief, that the proceedings are out of time or are an impermissible collateral challenge to a specified previous unchallenged decision, or that relief should be refused due to failure by the applicant to disclose specified facts or matters when obtaining leave, by reason of a specified alternative remedy, or in the discretion of the court having regard to specified facts and circumstances.

18.  Where an applicant has failed to comply with the requirement to exhibit all relevant material, the respondent(s) may furnish a copy of any such material not so exhibited to the solicitors for the applicant, who shall to deliver a further affidavit within seven days of such material being furnished, exhibiting that material.  If the applicant’s solicitors fail to do so, the costs of any subsequent affidavit on behalf of the respondent(s) that is required to exhibit such material may be ordered to be paid by the applicant and/or his or her solicitors as directed by the court.

Ex parte applications

19. (a) In order to give effect to the duty of candour to the court resting on all legal representatives, every ex parte application to which this Practice Direction applies shall be accompanied by a Written Submission on Behalf of the Applicant as to Matters Required to be Disclosed at Ex Parte Stage, which must draw the court’s specific attention to any significant matter of fact adverse to the applicant’s case for relief.  It shall not be sufficient to mention such adverse matters by way of affidavit or exhibit only, and those matters must be specifically highlighted in the submission furnished to the court under this paragraph. The submission shall also disclose all relevant authority of the Superior Courts, the Court of Justice of the European Union or the European Court of Human Rights  and all relevant statutory provisions or secondary or European legislation, and in particular all such authority that is adverse to the application being made. 

(b) In the case of adverse matters disclosed, the submission shall explain why such matters of fact or law may be contrary to the applicant’s submission on the specific facts of the case (such matters shall be particularised to the facts and not set out in a generic manner).  It shall explain the applicant’s contention as to why such adverse matters should not defeat the applicant and explain how it is proposed to distinguish or overcome any adverse authority.

(c) The submission under this paragraph shall be signed by the legal representatives responsible for settling its contents. Those legal representatives have a personal professional obligation of diligence to take all appropriate steps to ensure that they are aware of all relevant authority and statutory provisions or secondary or European legislation so that the court is not misled. The submission under this paragraph shall be served on the other parties to the proceedings as soon as possible (and in any event within 7 days) after the ex parte application, irrespective of its outcome.

(d) Where any form of ex parte application is made to the court, the following shall apply:

  1. such application must be verified by affidavit which complies with the requirements of paragraph 13 of this Practice Direction to exhibit all relevant material;

  2. accordingly the applicant’s solicitor is personally under a professional obligation to take all due steps to ensure that he or she has the fullest possible information before drafting the application, and in particular all documents and facts relevant to the legal issues and all facts necessary for the court to understand the full background, particularly in relation to the applicant’s immigration history. This duty of enquiry exists to ensure that the applicant’s legal representatives can furnish the Court with the most accurate version of events possible and thereby avoid misleading the Judge.

  3. if it is not possible for the applicant’s solicitor to obtain full instructions, he or she, and any counsel instructed in the matter, have a duty of candour to ensure that the Court is made fully aware of the limitation of the evidence that is then placed before the Court. This is essential so that the Court can make a measured assessment of the probative value of the evidence. The applicant’s solicitor is required personally to set out on affidavit exactly why no, or inadequate or unsuccessful, efforts have been taken to seek out and obtain the information referred to at sub-paragraph (ii), when precisely instructions were received and when and in what form such efforts were made.

(e) Practitioners are reminded that the duties of diligence, enquiry and candour are professional duties and not merely procedural requirements and therefore apply to any form of ex parte application including an application under Article 40.4 of the Constitution.
Order granting leave

20. Where an order granting leave is made, it shall be a term of that order, unless the Court otherwise orders, inter alia, that –

  1. the applicant or the applicant’s solicitor shall e-mail the statement of grounds (in both its original form and, if an amendment at the leave stage is allowed, in amended form) in MS Word document format (not pdf) to the Asylum, Immigration and Citizenship List Registrar by close of business on the following court day,

  2. the applicant shall issue the originating notice of motion within four clear days of perfection of the order granting leave (in default of which any stay granted on giving leave shall lapse),

  3. the originating notice of motion shall be returnable for the second Monday in Term after the granting of leave, and

  4. the costs of the application shall be reserved.

Interlocutory or procedural applications

21. It shall not be necessary to serve a formal notice of motion in making an interlocutory or procedural application in the Asylum, Immigration and Citizenship List (such as an application to amend pleadings, to extend time, for interlocutory injunctive relief, or for leave to appeal or costs), unless the court otherwise directs. Save as otherwise provided in this Practice Direction or ordered by the court, it shall not be necessary to deliver written submissions in relation to interlocutory or procedural motions, but any party may apply to the court for directions in that regard.  Save in relation to any matter specifically dealt with in another provision of this Practice Direction, an interlocutory application shall be made on a Monday in that List by giving notice by correspondence to the other party/parties equivalent to that which would be required in the case of a formal notice of motion.

Amendment of Pleadings

22. Any pleading which has been amended shall, in accordance with Order 28 rule 9, Rules of the Superior Courts, be marked with the date of the order under which the same is amended, and the day on which such amendment is made, as follows:
“Amended the …… day of …… pursuant to order of Mr. / Ms. Justice …… dated the day …… of ….…”

23. Where it is intended to apply for leave to amend of a statement of grounds or statement of opposition, the applicant or (as the case may be) respondent must prepare and make available to the court and the other party or parties a draft of the statement containing, marked appropriately, the amendments intended, before moving any such application.

Holding List

24. (1) Where a case is transferred to the Holding List to await the outcome of another proceeding (the “lead case”)–

  1. the legal representatives of both parties are obliged to notify the court as soon as possible after any judgment has been given in the lead case, and

  2. where the case is resolved, or resolved save as to costs, or for any other good and sufficient reason, a party may at any time mention the case on notice with a view to having the case taken out of the Holding List.

(2) Where final judgment is given in a lead case against the respondent(s), the following arrangements shall apply unless the court otherwise orders:

  1. the matter shall be listed peremptorily for the first Monday in Term that is six weeks after delivery of the judgment; and prior to that listing the respondent(s) shall issue proposals to any applicants in relevant cases in the Holding List or file and serve opposition papers in any cases which it is intended to defend the proceedings notwithstanding such a judgment;

  2. if the number of relevant cases intended to be defended exceeds 20, only opposition papers for the first 20 of such proceedings by record number need be delivered in the six week period referred to in sub-paragraph (a), and the respondent(s) shall have an additional week to deliver opposition in the next 10 cases by record number, and so on; and

  3. dates shall then be assigned or the case(s) shall be transferred to the List to Fix Dates.

(3) Where final judgment is given in a lead case in favour of the respondent(s), the following arrangements shall apply unless the court otherwise orders:

  1. the matter shall be listed peremptorily for the first Monday in term, that is, eight weeks after the judgment and prior to that listing the respondent(s) shall have one week to request the applicant(s) to indicate if each case is still pursued in the light of the judgment;

  2. the applicant(s) shall have one week to reply substantively and to make proposals in that regard; and in the case of any matter that is being pursued;

  3. the respondent(s) shall have six weeks to file and serve opposition papers in any cases which are being prosecuted notwithstanding such a judgment; if the number of relevant cases intended to be pursued exceeds more than 20, only opposition papers for the first 20 of such cases by record number need be delivered by the end of the eight week period aforesaid, and the respondent(s) shall have an additional week to deliver opposition papers in the next 10 cases by record number, and so on; and

  4. dates shall then be assigned or the case(s) shall be transferred to the List to Fix Dates.

(4) If a party fails to take steps required by this paragraph, the other party shall within two weeks peremptorily mention the matter to the Judge in charge of the list for appropriate directions and may apply for the costs of so doing.

List to Fix Dates

25. Applications to have a case transferred to the List to Fix Dates must be made to the Judge in charge of the List.  If a party requires a case listed before another judge that is unable to proceed to be transferred back to the List to Fix Dates that party should apply in the first instance to put the case into the following Monday list for appropriate directions.

26. If a party considers that the case will require hearing time additional to that specified in this Direction, the party must inform the Judge in charge of the List at the time the case is put into the List to Fix Dates.

27. Where a case is transferred to the List to Fix Dates, the solicitor for the applicant shall as soon as may be and not later than the following Wednesday, lodge in the Central Office for the attention of the Judge in charge of the List a hard copy of the Statement of Grounds and Statement of Opposition pinned together with a covering letter requesting the assignment of a hearing date. Failure to do so may have costs consequences.

28. Practitioners are requested to note that, given the possibility of custody cases or other urgent cases coming into the list without notice, hearing dates assigned are subject to change in the event of a date for a custody case or an urgent case being required.

Written legal submissions

29. In the context of written legal submissions the terms of paragraph 5.19 of the Code of Conduct of the Bar of Ireland are recalled:

”In a civil case barristers must, at the appropriate time in the proceedings, inform the court of any relevant decision on a point of law and, in particular, of any binding authority or of any applicable legislation of which they are aware and which the barrister believes to be on point whether it be for or against their contention.”

30. The following shall apply in relation to the preparation of written submissions for the purpose of ensuring that the court has before it, so far as possible, an agreed issues paper and an agreed statement of facts:

  1. The applicant shall, within two weeks after the proceedings have been transferred to the List to Fix Dates, send his or her draft of the legal submissions to the respondent(s).The draft shall not be lodged with the Court.

  2. The respondent(s) shall (unless the Court otherwise orders) within two weeks of receipt of the draft send any proposed amendments to the legal questions /facts/ procedural history to the applicant specifying precisely the text sought to be added/ deleted/ amended, or (as the case may be) confirming in writing that no amendments are proposed.
  3. Within one further week the applicant shall incorporate any textual amendment requested by the respondent(s) into the applicant's legal submissions to create an agreed text as follows:

    (i) if the applicant agrees with the proposed amendment, same shall be incorporated without square brackets;

    (ii) if the applicant disagrees with the proposed amendment, the amended text shall be inserted in square brackets in the correct chronological sequence followed by the words “(Respondent's version)”;

    (iii) any disputed text proposed by the applicant (including any deletion of such text proposed by the respondent) shall be put in square brackets followed by the words “(Applicant's version)

    (iv) the Applicant's submissions as so finalised shall be served on the respondent(s) and sent by email to asylumsubmissions@courts.ie for the attention of the Court.
  4. Within one week of service on the respondent(s) of the applicant’s finalised legal submissions, the respondent(s) shall serve on the applicant and send by email to asylumsubmissions@courts.ie for the attention of the Court, the respondent(s)’ finalised legal submissions which shall deal exclusively with the respondent's proposed answers to the various questions identified in the agreed list of questions.

  5. (e) In the event that the applicant has failed to incorporate correctly any amendments proposed by the respondent in the agreed section of the applicant’s legal submissions, the legal submissions of the respondent(s) shall contain the text of the changes required at the outset of the legal submissions.

  6. (f) Failure by the applicant to prepare the agreed section of the applicant’s submissions properly in accordance with these directions may have consequences in costs.

31. The applicant’s written legal submissions shall contain the following sections:

A. List of legal questions/issues

Any legal question or issue required to be determined by the court shall, as agreed by the applicant and the respondent, be succinctly stated in a numbered list on the first page and presented in the form of an issue paper set out in this section.

B. Statement of relevant facts

This shall set out in chronological order the facts relevant to the legal issues and all facts necessary for the court to understand the full background, particularly in relation to the applicant’s immigration history. Key facts proved by exhibits shall be accompanied by reference to the page number(s) in the papers (referred to in paragraph 34) where the exhibit appears. Where a fact is disputed this shall be indicated. This shall be in the body of the submission and not in an annex. This section shall include:

  1. Full details of all protection or immigration applications made by each applicant, and outcomes and the dates of each.

  2. Full details of the applicant’s complete immigration history identifying the total period of presence in the State and breaking down that period by reference to the precise dates during which such presence was lawful (identifying the legal basis and whether it was precarious, short-term or long term), or unlawful as the case may be, and identifying any periods during which the applicant(s) failed to comply with reporting requirements.

  3. Details of the current immigration status of the applicant(s) and the factual basis for that status (e.g., left State voluntarily, deported, illegally present, present with permission and the basis of same).

  4. If the applicant’s current immigration status arises from a marriage to an Irish or EU citizen, full particulars of the marriage and its duration.

 

C. Procedural history

This shall state in succinct form any relevant procedural history including the date of grant of leave, any injunctions or undertakings and any other interlocutory applications or appeals.

This section shall include details of:

  1. any previous proceedings involving any of the applicant(s) in the Asylum, Immigration and Citizenship List and

  2. any other civil or criminal proceedings whether in the State or elsewhere involving any of the applicant(s) that could be potentially relevant to any of the issues or their factual background.

In the case of any proceedings required to be mentioned in this section, details shall be given of record numbers, the outcomes, and full citations and dates for any judgments or decisions given. In the event that there are any prior criminal proceedings potentially relevant as aforementioned, details must include any record no. of any appeal and be accompanied by a reference to where a transcript of the proceedings and the sentencing remarks of the trial judge, or a report of the proceedings, certified as to their accuracy, may be found, which shall be either exhibited or otherwise put before the Court or failing such, included as an appendix to the submission. This section must contain a positive statement either that the only other proceedings that could be potentially relevant to any of the issues or their factual background are as indicated in the section, or that there are and have been no such other proceedings.

D. Legal arguments

Legal arguments must be grouped under headings that refer to the specific questions or issues in section A of the submissions. Each section shall also make reference to the particular ground(s) on which leave has been granted. Outline legal argument supporting the grounds sufficient to permit the respondent to prepare its response shall be presented. Substantial legal argument not addressed in the written legal submissions shall not be permitted at the trial of the action without special leave of the court.

32. Save where otherwise specially ordered, the respondent shall not be required to deliver submissions until after receipt of the applicant’s submissions. The respondent’s written legal submissions shall contain the following sections:

A. Additional/Alternative List of legal questions/issues

If the applicant has failed to comply with the foregoing directions as to preparation of the agreed sections of the submissions, a list of the additional or alternative legal questions or issues to those presented by the applicant which the respondent considers necessary.

B. Additional/Alternative statement of relevant facts

If the applicant has failed to comply with the foregoing directions as to preparation of the agreed sections of the submissions, an additional or alternative statement of facts shall be set out in chronological order setting out the amendments required to the applicant’s statement of facts. This shall be in the body of the submission and not in an annex.

C. Additional/Alternative statement of procedural history

If applicant has failed to comply with the foregoing directions as to preparation of the agreed sections of the submissions, an additional or alternative statement of procedural history shall be set out in chronological order setting out the amendments required to the applicant’s statement of procedural history.

D. Legal arguments

The respondent’s legal arguments shall be by way of reply to and shall, to the maximum extent possible, follow the headings and sequence of the applicant’s arguments.

Lodgement of papers for substantive hearings

33. All papers lodged for the attention of the Judge in charge of the List shall be accompanied by a covering letter outlining the reason why such papers are being lodged (e.g., to obtain a date, or for the purpose of a pending substantive hearing on a named date).

34. The applicant’s solicitor shall lodge in the Central Office for the Asylum, Immigration and Citizenship List Registrar:

  1. full bound set of pleadings;

  2. a hard copy of written legal submissions of each of the parties, individually stapled, separate from the book of pleadings and not bound within it; and

  3. an agreed bound book of authorities

no later than 12 noon on the Thursday of the week preceding the week in which the case is listed for substantive hearing. This requirement does not apply to applications in the Monday list.

35. Before lodging books of pleadings or authorities for the attention of the Court, each party must deliver to the other in advance a full paginated copy of any book of pleadings or authorities it intends to lodge or give to the court. 

36. Books and papers for use by the Court should be presented and organised as follows:

  1. Each book of pleadings and/or exhibits should be bound and fully paginated;

  2. Each book should identify on its cover the party by whom it is lodged;

  3. Each book should contain a contents page and, where possible, be tabbed with a document number corresponding to the document number in the index. All exhibits should be identified in the contents page by reference to the exhibit number, the page number where it is to be found and a description of the item (e.g., “Exhibit AB1, Deportation order dated (date)” not “Exhibit AB1”;

  4. Any individual volume of papers shall not contain more than 150 pages each; where papers exceed this length multiple volumes should be used;

  5. The parties shall deliver copies of legal authorities /case law referred to in the written legal submissions in bound books (not exceeding 150 pages in any one volume), tabulated by reference to a table of contents in the form of an agreed book of authorities.

37. An electronic copy of written legal submissions in MS Word document format (not pdf) shall be sent by email addressed to the Asylum, Immigration and Citizenship List Registrar by each of the parties as soon as delivered by the times ordered or set out in this Practice Direction using the following e-mail address: asylumsubmissions@courts.ie

38. References to case and statute law written legal submissions must be hyperlinked to a publicly accessible version if possible e.g. www.irishstatutebook.ie, wwww.bailii.org

39. The subject line of the email enclosing submissions should appear in the following format: title of case, record number, date of hearing (if already fixed), the party on whose behalf the submissions are being lodged.

Time limits on oral submissions at hearings

40. The following time limits shall, unless the Court otherwise orders, apply to hearings:

  1. at any hearing of any interlocutory or procedural application, including for leave to appeal or as to costs: 10 minutes per party (the applicant may reserve some of his or her time, to be specified at the outset, for a reply);

  2. at any substantive hearing: 30 minutes per party (the applicant may reserve some of his or her time, to be specified at the outset, for a reply).

Practitioners’ obligations

41. Practitioners are reminded of the following:

  1. a solicitor has an obligation to be and remain in effective contact with his or her client, and in the event of ceasing to be so in contact, a solicitor must apply to the Court to come off record promptly;

  2. practitioners are under a duty to personally check whether or not any amendments have been made to any statute cited and to ensure that these are brought to attention of the Court;

  3. where practitioners become aware of an error in a judgment or order (whether the judgment is approved or unapproved) that would come within slip rule, they are under an obligation to bring the matter immediately to the Court’s attention; this should be done -

    (i) in the case of uncontentious corrections sought to be made to an order, by email to the registrar and copied to the other side,

    (ii) in the case of uncontentious corrections sought to be made to a judgment, by email to the judge’s judicial assistant and copied to the other side

    and

    (iii) in any other case by bringing the matter to the Court’s attention in open court as soon as possible;

  4. if practitioners (whether barristers or solicitors) wish to be added to the email circulation list for general notices maintained by the Asylum, Immigration and Citizenship List Registrar, it is their responsibility to communicate their up to date email address to the Registrar.


Leave to appeal

42. Applications for leave to appeal pursuant to s. 5(6) of the Illegal Immigrants (Trafficking) Act 2000 (as amended by s. 34 of the Employment Permits (Amendment) Act 2014) shall be made in the Monday list on notice to the respondent within 28 days of the oral pronouncement of the decision concerned and shall be supported by written legal submissions setting out the precise text of the proposed point(s) of law of exceptional public importance arising and explaining how the application complies with the criteria for the grant of leave to appeal.  Such submissions shall be served on the respondent at least seven days prior to the date on which it is proposed to seek such leave to appeal, and the respondent may reply to such submissions within that seven day period.
Non-compliance and Costs

43. In cases of failure to comply with this Practice Direction, the court may make such order as it considers appropriate including any order as to costs against a defaulting party, and/or an order as to costs against a defaulting solicitor under Order 99 rule 6, and/or an order disallowing costs as between a solicitor and his or her client under Order 99 rule 7.

Commencement and previous Practice Directions

44. This Practice Direction shall come into operation on Wednesday 30th May, 2018.

45. Practice Direction No. HC68 of the 22nd September 2016, save for paragraphs 3(d), 4 and 6 thereof, shall, subject to this Practice Direction, continue to apply.

46. Practice Direction No. HC73 of the 7th December, 2017 is revoked on the coming into operation of this Practice Direction.

Peter Kelly
President of the High Court
Dated this 11th day of May 2018.