TRINITY TERM 2020

COMMERCIAL LIST

PRACTICE DIRECTION HC93

This Practice Direction replaces HC50 (as amended) which came into operation on 12th April, 2019. This Practice Direction will apply with effect from 20th July, 2020.

1. The Solicitor’s Certificate issued pursuant to O.63A, r. 4 (2) of the Rules of the Superior Courts (the “Rules”) grounding an application to enter a case in the Commercial List must be signed by an individual Solicitor who is and will be responsible for the conduct of the case.  It is not sufficient that the Certificate be signed in the name of a firm.  The Certificate seeking entry into the List should state the section/s of O.63A r. 1 under which the application is being made.

2. Such Certificate, in addition to containing the other material prescribed by the Rules, must also contain undertakings to the court from the solicitor –

(a) that in the event of the case being admitted to the Commercial List, that solicitor will use his/her best endeavours to ensure that the court’s directions will be complied with in full; and

(b) that within 14 days of the conclusion of the case in the High Court, whether by agreement, discontinuance, strike out, dismiss or other court order, and whether before or after entry to the Commercial List, such solicitor will use his/her best endeavours to submit by electronic means to the Courts Service at commercialdata@courts.ie a Case Report in the format published in the High Court section on the Courts Service website www.courts.ie on the date of publication of this Practice Direction. 

3. An application to enter a case in the Commercial List grounded on a Certificate which does not comply with the provisions of paras. 1 and 2 of this Practice Direction will be refused.

4. When a case is entered into the Commercial List the respondent will be required to nominate an individual solicitor who will be responsible for ensuring compliance with the directions of the court.

5. Motions:

(a) A set of hard copy papers in respect of motions to be heard by the Judge in charge of the Commercial List on a Monday must be lodged by the moving party in the Registrar’s Office above the Central Office of the High Court by 4.30pm on the Wednesday preceding the Monday motion list. Soft copies must also be emailed to mwhite@courts.ie by the same time. Please note failure to do so will result in the motion being adjourned to the following Monday. Those papers must include all relevant orders made by the court.

(b) No e-mails in respect of motions in the motion list will be accepted by the Registrar or considered by the court if sent after 3pm on the Friday preceding the Monday motion list save for emails containing agreed directions and orders and in other very exceptional circumstances in the interests of justice. If emails sent after that time are relevant to a motion in the list, the motion will be adjourned, generally to the following Monday, so that they can be considered by the court with the other papers lodged for the motion.

(c) The Commercial Motion List will be held remotely until further notice. The Virtual Courtroom Number and relevant instructions for practitioners will be made available  to members through the Law Society of Ireland and the Bar of Ireland Websites:
https://members.lawlibrary.ie/members-area/covid/it-help/
https://www.lawsociety.ie/remotehearings

6. Trials:

Hard copy papers for trials must be delivered to the Registrar’s Office above the Central Office not later than 4.30pm on the Wednesday preceding the week in which the case is listed to begin. Soft copy papers must also be provided as directed by the court.

7. On every Friday during term there will be a call over at 10.45 am before the Judge in charge of the Commercial List of the cases listed for hearing during the following week.  The purpose of this call-over is to ensure that all pre-trial directions given by the court have been complied with in full and that the case is ready to proceed.

8. The call over of Commercial cases will be held remotely until further notice.  The Virtual Courtroom Number and relevant instructions for practitioners will be made available  to members through the Law Society of Ireland and the Bar of Ireland Websites:
https://members.lawlibrary.ie/members-area/covid/it-help/
https://www.lawsociety.ie/remotehearings

9. In the event of a case settling prior to its trial date it is the duty of the solicitor for the moving party to inform the Registrar of that fact immediately by email.

10. All papers lodged in the List Room must be properly bound, indexed and paginated.   

Mary Irvine

President of the High Court                    

15th July 2020