Topic: civil and family law proceedings
CC18 - Civil and family law proceedings
Please note that as and from the 1st day of September next, all cases where a notice of trial has issued will at call over be treated as being ready to go on.
No application for adjournment of such cases will be granted except for exceptional and compelling reasons such as the death or serious illness of one the parties or an essential witness.
Where at the call over a case is not ready to be given a date for hearing the notice of trial will be struck out unless the reason for not giving the date is due to exceptional circumstances or the making of such an order would be manifestly unjust to one or both of the parties or would facilitate a party who is not progressing their side of the case in a timely and efficient manner.
This direction is being given to encourage efficiency and to ensure full and effective use of the resources of the Courts Service.
Please note that as and from the 1st of September next family law cases that have left case progression and have been transferred to the call over list , but are not in a position to go on will be transferred back to case progression, unless to do so would be manifestly unfair and unjust to one of the parties. This direction is being made to improve the administration of justice and to ensure a proper use of court resources.
Please further note that in all cases of divorce and judicial separation, where all matters are agreed between the parties and there are no pension adjustment orders to be made, these cases will go straight into the court list for hearing before the judge, without the requirement to go through case progression.
The foregoing practice directions are being made not only to ensure an effective use of court resources but also to improve delivery of service to litigants and their legal advisers.
Your co-operation in the implementation of these directions is appreciated.
Issued by their Honours Judge Keenan Johnson and Judge Doirbhile Flanagan.
Dated 14th July 2016