Changes to Management of High Court Lists

Arising from a notice issued by the President of the High Court, Mr Justice David Barniville on 14^th April 2023, practitioners should be aware of the following changes to the management of High Court proceedings.

1. Common Law Motion Lists

There are two important changes in respect of the Common Law Motion Lists. 

i. Motion papers for all motions to be heard in the Common Law Motion Lists must be lodged in advance of the hearing of the relevant list.  Previously, it was only necessary for motion papers to be lodged for motions to be heard by way of remote or hybrid hearing where the moving party was not attending in person. However, it will now be necessary for motion papers to be lodged in advance for all motions listed in the Common Law Motion Lists.

In summary, a paginated and indexed booklet of motion papers in respect of all motions in the Common Law Motion Lists must be lodged in the List Room no later than 4:30pm on the Thursday preceding the Monday on which the motion is listed.  That requirement applies to motions to be heard in person, remotely and on a hybrid basis.  Failure to do so in the case of a motion will lead to that motion being adjourned. 

Practitioners will already be aware that it is necessary to email the List Room at listroomhighcourt@courts.ie to make an appointment to lodge papers. 

ii. The second important change is that previously a motion in the Common Law Motion List which was likely to take more than 15 minutes was transferred to the Non-Jury List to get a hearing date.  Going forward, any motion which is likely to take more than 15 minutes but less than 30 minutes will be considered by the judge dealing with the list for transfer to the Non-Jury List but may, subject to the discretion of the judge dealing with the list and the other demands of the list that day, be heard after the rest of the list has been completed.

Practitioners and litigants in person are required to provide a genuine and realistic estimate of the length of the hearing of the motion to enable the judge dealing with the list properly to consider whether the motion can be dealt with in the list that day or whether it should be transferred to the Non-Jury List to get a hearing date.  The purpose of this change is to relieve significant pressure on the Non-Jury List.

2. Probate List

The Probate List will no longer be dealt with remotely, but will be heard in person by way of a physical hearing in Court 5 in the Four Courts.  This change is based on the particular requirements of the Probate List.

3. Commercial Planning and Environmental List

Practice Direction HC 119 relating to the “Commercial Planning and Environmental List” was signed on 29^th March, 2023.  HC 119 renames the “Commercial Planning and Strategic Infrastructure Development List” as the “Commercial Planning and Environmental List” ("the List")

This Practice Direction significantly streamlines the procedures for cases dealt with in the List.  The scope of the List has been expanded and the requirement to apply for the admission of a case to the List has been dropped in respect of certain types of cases. 

It is envisaged that this List will, in due course, be renamed as the “Planning and Environmental Court”. 

The range of cases which will be dealt with by that court will be further expanded from those dealt with in the List.  It is envisaged that this will happen as soon as the additional High Court judges recommended by the Judicial Planning Working Group and approved recently by the Government are appointed, which is likely to be in the coming months.