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High Court President’s Notice: High Court Pilot Project for Long Vacation 2024 - Further Details
Tuesday 05th March 2024
Presidents' Announcements
242 Days ago

PRESIDENT OF THE HIGH COURT

President’s Notice:
High Court Pilot Project for Long Vacation 2024:
Further Details

 

Background

  1. In the President’s Notice issued on 21st December, 2023, (the “December Notice”) I outlined the background to the requirement for the High Court to undertake a Pilot Project for the so called “Long Vacation” in August – September 2024 (the “Pilot Project”) as a result of the Report and recommendations of the Judicial Planning Working Group (“JPWG”) of February 2023.  One of the JPWG’s recommendations was that consideration should be given to staggering court vacation periods across different courts by means of an initial pilot project.  It was recommended that, in doing so, consideration should be given to the different requirements in terms of vacation sittings, judgment preparation and writing and vacation periods across the different court jurisdictions.  The judiciary was represented on the JPWG by two judicial observers. 
     
  2. The Report and recommendations of the JPWG were accepted by the Government.  The Chief Justice and the Presidents of all of the court jurisdictions welcomed the Government’s acceptance of the recommendations. Those recommendations included provision for the appointment of several additional judges across the different court jurisdictions, including potentially twelve additional High Court judges in 2023 and 2024.  Six of those additional High Court judges were appointed in 2023, on foot of the JPWG’s Report and recommendations (the last of whom was appointed in December 2023).  The Government made clear, in its acceptance of the Report and recommendations of the JPWG, that the appointment of the next six additional judges in 2024 would be heavily influenced by the implementation of the recommendations of the JPWG, including those relating to the Pilot Project.  A Judicial Implementation Group consisting of judges from all court jurisdictions was established by the Chief Justice.  That Group reviews the implementation of the recommendations of the JPWG and is chaired by Mr. Justice Denis McDonald of the High Court. 

Details of Pilot Project

  1. Following the initial consultations with interested bodies and parties referred to in the December Notice, it is now possible to announce further details of the Pilot Project for the Long Vacation in 2024.
     
  2. The High Court lists involved in the Pilot Project are (1) Family; (2) Non-Jury/Judicial Review/Asylum and Immigration; and (3) Planning and Environment. 
     
  3. The Pilot Project will commence on Monday, 1st July, 2024 and will cover the period from then until the end of September 2024 (ending on Friday, 27th September, 2024). 
     
  4. As I outline below, five High Court judges will be sitting in the lists the subject of the Pilot Project.  The “Long Vacation” for those five judges will be July and August 2024.  They will be free to take their summer break in this period as well as carrying out their other judicial duties, including their usual vacation sitting obligations, judgment preparation and writing, attending conferences and undertaking judicial training.  They will then sit as normal from Monday 2nd September 2024. 
     
  5. During the currency of the Pilot Project, all of the other High Court judges will continue to operate subject to the existing “Long Vacation” arrangements in August and September 2024.  All judicial work, apart from work subject to the Pilot Project, will continue in accordance with the existing arrangements. 
     
  6. Following the initial consultations referred to above, and subject to some possible further refinement and modifications, the details of how the Pilot Project will work for the three High Court lists participating are set out below.

A.        High Court Family Lists

  • One High Court judge will sit in Family in July 2024.
  • One High Court judge will sit in Family in September 2024.
  • There are a number of different Family Lists in the High Court (Family, Surrogacy, Adoption, Pension Adjustment Orders and Special Care).  Those lists will continue in July 2024 and all or most will continue in September 2024.  The frequency of those lists in July 2024 and September 2024, has yet to finally be determined.  It is likely there will be two Special Care Lists in July 2024, one in August 2024 and two in September 2024 (all on Thursdays in those months).
  • The Monday Motions/Directions List will be heard on Mondays in July 2024.  However, there will be no Monday Motions/Directions List on Mondays in September 2024.  Mondays in September 2024 will be a sitting day for Family hearings.
  • It is intended to list short applications and full hearings in Family in September 2024 (Monday – Friday).
  • The Judge in Charge of Family (Jordan J.) will allocate September dates in the List to fix dates on 29th April, 2024 and in a subsequent list to fix dates in June 2024. 
  • Urgent Family matters will also be dealt with in September 2024.

B.        Non-Jury/Judicial Review/Asylum and Immigration

  • Two High Court judges will sit in these Lists in September 2024. 
  • Any case or motion lasting two days or less in the Non-Jury/Judicial Review/Asylum and Immigration Lists may be listed for hearing in September 2024. 
  • The assignment by the Judge in Charge of these lists (Hyland J.) of cases or motions for September 2024 will begin later this month.
  • As it is essential in these lists that the judges have the papers prior to the hearing to enable them to prepare for the hearing, parties will be required to have their papers and legal submissions lodged in the List Room by Tuesday, 23rd July, 2024, for all four weeks of the September 2024 sittings.
  • To ensure that everything is in order prior to the hearing there will be a “September Callover” by the Judge in Charge of the lists (Hyland J.) on Thursday, 25th July, 2024, immediately after the normal callover at 10am that day.  There will be no weekly callover in September 2024.  If there are any applications in relation to these lists during September, parties should contact the Non-Jury/Judicial Review/Asylum and Immigration Registrar.
  • The identity of the judge to whom a September case has been assigned will be published in the Legal Diary on Friday, 26th July, 2024.
  • There will be four weeks of hearings in September 2024:

Week 1:2 – 6 September, 2024
Week 2:9 – 13 September, 2024
Week 3:16 – 20 September, 2024
Week 4:23 – 27 September, 2024

  • Parties who are assigned a September date may request an alternative September date for the hearing of their case and will be accommodated to the greatest extent possible. 

C.        Planning and Environment

  • It is currently anticipated that the Pilot Project for the Planning and Environment List will involve the arrangements set out below.
  • One High Court judge will sit in the Planning and Environment List in July 2024.  Two High Court judges will sit in that list in September 2024. 
  • The main Monday list is likely to be held on 8th and 29th July, 2024 and not on the other Mondays in July.
  • The main Monday list in September is likely to be held on 9th and 23rd  September, 2024 and not on the other Mondays in September. 
  • On other dates, ad hoc mentions may be provided for, where appropriate. 
  • Any party that wishes to apply for a date in September 2024 can do so with immediate effect.  For that purpose, dates can be applied for irrespective of whether opposition papers have yet been filed, provided that there is an agreed schedule for completion of papers in time for the hearing.  Such a party should contact the List Registrar to enable the matter to be listed for that purpose.  If the other parties consent to a specific date, the date, if available, can be fixed administratively without the need for a court application.  If the other parties do not consent (either to the specific date or to the fixing of a date in September, or at all) then the matter will be listed for the determination of the Judge in Charge of the list (Humphreys J.).
  • Any directions of the court or agreed schedules of directions regarding hearings in September 2024, will be subject to the requirement that all necessary steps (including submissions/preparation of statement of case/population of ShareFile) must be carried out not later than 31st July, 2024.  Where this is not done, the hearing date may be vacated on the application of any party not in default. 
  • It is anticipated that dates for the period October – December 2024, will not be allocated for any cases until the September 2024 dates are fully taken up.  In the absence of that happening, matters in the Michaelmas list to fix dates in April 2024, will be adjourned for an appropriate period until there is a full take up of September 2024 dates. 
  1. I and the other Judges in Charge of the Lists participating in the Pilot Project will consult further with the interested parties and bodies to ensure that the arrangements for the Pilot Project will operate as smoothly, fairly and efficiently as possible for everyone involved. It is hoped that practitioners will co-operate to that end.
     
  2. Further details of the arrangements for the Pilot Project will be published in the Legal Diary in due course for the participating lists.  However, practitioners and parties should plan on the basis that the arrangements outlined above will be the arrangements for the Pilot Project for the “Long Vacation” this year subject to possible minor modifications.

 

4 March 2024
Mr. Justice David Barniville
President of the High Court