The Gazette 1986

GAZETTE

JANUARY/FEBRUARY 1986

High Court

Non-Jury Actions Listing Procedure

Mr . Justice Sean Ga nnon*

URTHER to the practice direction that as from the

1st of October, 1985 no case will be listed for hearing

in the non-jury list unless and until a certificate signed

by counsel for the party giving notice of trial or where

counsel is not briefed by the solicitor for such party

certifying that the case is ready for hearing has been

filed in the Central Office and notice of the filing of

such certificate has been served on all parties, the fol-

lowing procedure will be followed.

On the Thursday of each week a list of actions set

down for hearing in the order of setting down and not

yet reached will be published for the purpose of allocat-

ing from them dates for hearing in the week commen-

cing on the second next Tuesday following that Thurs-

day listing. It is intended that the Thursday list will

comprise only cases certified in accordance with the

practice direction as being ready. The listing or allocation

of dates will be given only to cases which have in fact

been certified as ready. Each term cases set down for

hearing which have not been certified as ready for

hearing will be listed for the purpose of explaining the

delay in getting ready. On the occasion of the Thursday

call-over claims for priority and for special fixing may

be made and considered and thereby an opportunity will

be given to other parties interested in the allocation of

dates to note the nature and probable course of the cases

given priority or special fixing.

The dates beyond that "second next Tuesday" will be

kept open with no cases allowed beyond or ahead of the

Thursday listing for call-over. By so doing any party

claiming priority or wishing to have a special fixing may

confidently know that all dates ahead are open to be

claimed on the call-over date. The parties who may be

concerned in obtaining a specially fixed date or dates

will also have an opportunity of discovering the course

of cases already in the list and the likely length of their

hearing to ensure that an intended or selected date will

be suitable.

The mischiefs which it is desirable to avoid by this

listing procedure may be summarised briefly as follows:

(1) Delay or postponement of a hearing due to com-

plete inactivity or desultory preparation.

(2) Delay or postponement of a hearing due to prepar-

ation without complete advice or direction.

(3) Delay or postponement of a hearing due to failure

to conform to competent advice or direction.

(4) Delay or postponement of a hearing due to the per-

sonal convenience of solicitor or counsel inconsistent

with the interests of the client or witnesses.

(5) Deliberately contrived delays for the sake of time

only.

(6) Inconvenience to clients and witnesses caused by

late or many changes of dates requiring their avail-

ability.

(7) Inconvenience or difficulties caused to counsel by

late briefing.

(8) Inconvenience or difficulties caused to solicitors

(and clients and witnesses) by late return or hand-

over of brief by counsel.

(9) Inconvenience to counsel and solicitor by erron-

eously projected length of hearing of cases ahead in

the list or at hearing.

(10) (Build-up of arrears of specially fixed or other cases

which become necessarily adjourned or postponed.

Under the procedure proposed above the solicitor has

a target date of his own choice by which to ensure he has

his case ready, namely the Thursday call-over date. It

seems probable that having a specific target date rather

than an indefinite future period as a time for which to

be prepared would be more likely to achieve efficient

results. A solicitor in choosing his target date namely

the Thursday call-over may be able to check that his

opponent also is ready. If a specially fixed date will be

required by either party the parties can reach agreement

IMPORTANT REMINDER

Dublin High Court

Non-Jury List

(including High Cou rt Chan-

cery List)

Practitioners are reminded that set-

ting down an action is not sufficient

to have the action ultimately listed

for hearing. In addition Counsel's

Certificate of readiness must be

filed in the Central Office before an

action will be actually listed for

fixing a date for hearing.

IMPORTANT REMINDER

Dublin High Court

Jury List

Practitioners are reminded that

applications are now taken each

Wednesday after the call-over of

that day's list in relation to actions

appearing in the warning list.

.B.

This is a change from

Thurs-

days

Wednesdays

for such appli-

cations.