HC115

Professional Disciplinary List

The President of the High Court hereby issues the following Practice Direction in accordance with s.11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

Introduction

1. This Practice Direction is intended to apply to all applications, appeals and other proceedings falling under Orders 53, 53A, 53B, 53C, 53D, 53E and 95 of the Rules of the Superior Courts or which are otherwise heard in the Professional Disciplinary List by the President of the High Court or his or her nominee (“professional disciplinary applications”).

Hearing of Professional Disciplinary Applications

2. Professional disciplinary applications will be heard at 2pm each Monday, save where otherwise directed by the President.  Such applications may, where necessary, also be listed for hearing at 2pm on a Friday.  Longer applications may be listed for hearing on such other days as may be determined by the President.

3. Until further notice, and save where otherwise directed by the President, professional disciplinary applications will be heard on a hybrid basis where the judge and registrar will sit physically in court and the practitioners and litigants will have the option to attend and participate either in person in court or remotely. 

4. Where one or more of the participants wish to participate remotely, it will be necessary to obtain the relevant log in details.  For legal practitioners, virtual courtroom log in details for the Professional/Disciplinary List can be found at the following websites:

https://members.lawlibrary.ie
https://www.lawsociety.ie/Solicitors

Any unrepresented party should contact highcourtvmr@courts.ie to obtain the relevant log in details.  When contacting that address, the relevant party must provide the name of the case, the record number and the date of the hearing as well as indicating the status of the party.

Format of Papers for Professional Disciplinary List

5. The moving party in a professional disciplinary application is responsible for providing the papers for the application to the Professional Disciplinary Registrar. 

6. Unless otherwise directed by the President, the moving party is required to provide the papers for the professional disciplinary application in hard and soft copy form.

7. Hard copy papers must be bound or contained in a folder and must be indexed and clearly paginated.  Hard copy papers must be lodged in the List Room and not in the Central Office.  Any additional papers intended to be relied upon by the moving party or by any of the other parties to the application must also be lodged in hard copy in the List Room. 

8. Soft copy papers must be provided to the Professional Disciplinary Registrar on an electronic file sharing platform or by email sent to naomitamblyn@courts.ie.  In the event that a party does not have access to a file sharing platform, the Professional Disciplinary Registrar will create a file share folder for provision of the soft copy papers to the Court.

Date and Time for Lodging Papers

9. Hard copy papers must be lodged by the moving party in the List Room, marked with the words “Professional Disciplinary List” and the return or adjourned date of the application, as the case may be, and for the attention of the Professional Disciplinary Registrar, and also soft copy papers must be provided to the Professional Disciplinary Registrar by 12 noon on the Tuesday preceding the date of the hearing of the professional disciplinary application. 

10. Papers for a professional disciplinary application which is listed for a date other than a Monday or a Friday must also be lodged in hard copy and provided in soft copy in the same manner and with the same markings as set out at para. 9 above by 12 noon on the Tuesday preceding the hearing date.

11. Save in exceptional cases, no additional papers will be accepted in respect of a professional disciplinary application after 12 noon on the Tuesday preceding the hearing date.

12. Any additional papers in respect of a professional disciplinary application must also be provided in hard and soft copy by that same deadline.

Further Information Required where Application Adjourned

13. When a professional disciplinary application is adjourned to another date, it will be necessary for the moving party to inform the Professional Disciplinary Registrar by 12 noon on the Tuesday preceding the adjourned date whether it is anticipated that the application will proceed for hearing on the adjourned date and, if so, what reliefs will be sought.  If it is anticipated that the application will be further adjourned, the moving party must so inform the Professional Disciplinary Registrar by the same deadline.

Failure to Comply with these Directions

14. A failure to comply with the directions set out in this Practice Direction in respect of any professional disciplinary application may lead to the application being adjourned or struck out on such terms, including as to costs, as the Court may determine.

 

David Barniville
President of the High Court
14th October, 2022

High court