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Court: High
Topic: Written submissions
Category: Civil

HC68 - Written submissions

1. This Practice Direction applies to all civil proceedings in respect of which written submissions are provided for in the Rules of the Superior Courts or are otherwise directed by the court.

2. This Practice Direction shall come into force on 1st October, 2016 and revokes Practice Direction HC03 of November 1993.

3. Format and content of written submissions

(a) All written submissions should carry the title and record number of the case, and indicate on whose behalf they are presented. Submissions should be dated and where settled by counsel, counsels’ names should appear at the foot thereof.

(b) Submissions should be logically arranged with appropriate headings, and be a concise summary of the submissions to be developed in oral argument. They should be free from irrelevant, immaterial and scandalous matter. They should refer to all relevant authorities which will be relied upon.

(c) The submissions should be presented in the following format:

(i) A4 size page printed on one side;

(ii) Font size 12, Times New Roman or similar;

(iii) 1.5 line spacing;

(iv) Margins of 3.25cm at each side and 2.5cm at top and bottom;

(v) Contain no more than 10,000 words in total (the word count to be noted on the submissions document) save with the leave of the court.

(d) Submissions should follow the following template:

(i) Introduction (which should not exceed two pages) setting out the factual background,

(ii) The issues in the case,

(iii) The submissions pertinent to those issues,

(iv) Conclusions and an indication of the orders which are sought.

(e) Submissions should identify the relevant legal principles relevant to the case as pleaded and/or the evidence to be adduced. They should be focused on those matters and generalised submissions are not permitted.

4. Chronology

The plaintiff/applicant should include a chronology as an appendix to the submissions. This appendix will form part of the submissions for the purpose of the word limit of 10,000 words. The defendant/respondent should indicate in its submissions if the chronology is agreed. Where it is not agreed, the defendant/respondent should produce his or her chronology identifying clearly the points of difference.

5. Books of authorities

(a) Books of authorities should, unless otherwise ordered, be presented in the following format and sequence:

(i) Any relevant provisions from the Constitution,

(ii) Any relevant statutory provision,

(iii) Irish authorities,

(iv) International authorities,

(v) Other materials including extracts from text books or journals.

(b) Where a case has been reported in the official reports, such report is the only one which should be included in the book of authorities.

(c) It is not necessary that all authorities which are merely referred to in written submissions should be included in the book of authorities. Only those which will be referred to in oral argument need be included. These should not exceed ten cases without prior leave of the court.

(d) It is the responsibility of the parties to agree books of authorities.  No later than the date for delivery of the plaintiff/appellant’s written submissions, such party should deliver to the defendant/respondent and any other parties to the proceedings a list of the authorities to be relied on. No later than the date for the delivery of replying submissions, the defendant/respondent and any other party shall deliver to the plaintiff/applicant a list of authorities to be relied on by them.

6. An electronic copy of written submissions shall be sent by email addressed to highcourtsubmissions@courts.ie (in addition to the hard copy) within the time fixed. The title of the email enclosing submissions should appear in the following format:  Title and Record Number, date of hearing and the party on whose behalf the submissions are being lodged.

Peter Kelly,
President of the High Court
22nd September, 2016