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In Practice
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DISTRICT AND CIRCUIT COURT OFFICE DUBLIN
The District and Circuit Court office is now operating normally as per pre Covid arrangements. Accordingly, it is no longer necessary to make an appointment by email. In addition to the return of normal opening office hours, in relation to any motions which were adjourned during Covid before the County Registrar, it is possible between 9.45am and 10.15am any morning to have a motion listed ex parte, by stamping and completing an ex parte docket in the office, and the matter will be called that day on or after 12pm before the County Registrar. This will be either to fix a date if the matter is urgent, or in the event that it is possible to do so, to deal with the matter on consent.
Barra O Cochlain, DSBA Litigation Committee
SUPREME COURT PRACTICE DIRECTION SC 21 Documents to be filed for appeal hearings
1. This Guidance is issued in accordance with paragraph 1 (b) of Practice Direction SC 21. The Court has experienced delay in the filing of books of appeal which has had a detrimental effect on the Statement of
Case procedure provided for in paragraph 5 of Practice Direction SC 21. The Court is mindful that parties may experience difficulties in filing documents in the current circumstances. However, if such difficulties are anticipated parties are advised that the case management judge or the Office of the Supreme Court should be appraised in good time such that dates fixed for appeal hearings are not jeopardised. 2. Paragraph 24 (a) of Practice Direction SC 19 requires that appeal booklets are filed within 12 weeks of the filing of the notice of intention to proceed. Where a date has been fixed for the appeal hearing, and if not otherwise directed by the case management judge, the appellant is required to file complete books of appeal in the form required by paragraphs 19 to 25 inclusive of
Practice Direction SC 19 in hard copy (8 copies), and electronically, within the said 12 week period or not later than 21 days before the date fixed for hearing, whichever date is the sooner. 3. Parties are reminded of their obligation to constructively engage with each other to agree only materials which genuinely require to be included in the books of appeal and to do so in sufficient time to allow the appellant to file the books by the date required in paragraph 2. 4. In particular, parties are reminded of the detailed requirements for the format and content of booklets of authorities provided for in paragraph 22 (a) of Practice Direction
SC 19. It is only necessary to include materials in the booklets of authorities which are relied on in the substance of the written submissions and/or which may be referred to in oral argument. It is not necessary that all authorities which are merely referred to in written submissions should be included. 5. If the parties agree that it is appropriate that more limited core books be utilised at the appeal hearing (if necessary incorporating the core booklets provided for in paragraphs 21 (c) 22 (a) and 23 (b) of Practice Direction SC 19) this matter should be raised in sufficient time with the case management judge and should be identified in the joint document to be filed not later than 48 hours before the first case management hearing as required by paragraph 3 of Practice Direction SC 21.
The case management judge may, of his or her own motion, direct that core books be filed in the particular circumstances of the case. If the filing of core books is directed by the case management judge 8 hard copies of those books should be filed by the date provided for in paragraph 2 hereof. In addition, an electronic copy of the complete books of appeal in full format should also be filed by the same date. 6. A failure to file books of appeal by the date required may result in the Court adjourning the appeal.
HIGH COURT CENTRAL OFFICE UPDATE
Please find below the list of acceptable applications that an appointment in person can be obtained for: • Summonses that have an imminent statute issue; • Applications that have time restraints; • Motions or filings pursuant to Court order where time is an issue; • Amended Summonses pursuant to Court
Orders; • Setting downs; • Bail applications; • Judicial Review applications; • Article 40s; • Special Care applications; • Affidavits, Appearances, Notice of Change/ Appointment in cases which are listed before the Court in next fortnight and documents could not possible be returned in time by post/DX
The list is not exhaustive and neither is it intended to be an invitation to include something which appears to be omitted.
What is urgent or not, or whether an appointment is necessary or not, depends on a consideration of all of the circumstances pertaining to a particular matter. Both of the Registrars attached to the public office maintain a high visibility during opening hours and are available to give consideration as to whether an appointment can be given in the event that a difficulty should arise.
Practitioners will be aware of the introduction by various banks of negative interest rate charges to their client accounts. The Law Society of Ireland had issued a practice note 12/02/2021 which confirmed the Solicitors Acts 1954-2015 and the Solicitors Accounts Regulations 2014 permit clients’ moneys to be held in a non-interest bearing account and permit an interest charge applied in respect of client moneys to be passed on to the client on the basis that certain steps are taken by the solicitor.
The Solicitors Accounts (Amendment) Regulations 2021 (SI 463 of 2021) came into operation on 1 October 2021. The 2021 Regulations introduce a new Regulation 8A into the Solicitors Account Regulations 2014 (the Principal Regulations), which specifically address how interest charges on client accounts are to be treated by solicitors as a result of the application of negative rates of interest on clients’ moneys.
The new Regulation 8A defines “interest charge” as a charge levied by a bank as a result of the application of negative rates of interest in respect of moneys received by a solicitor or his or her firm for or on account of a client. It provides that a solicitor may agree with a client in respect of the manner in which such interest charge is to be discharged, provided that any such agreement under this Regulation 8A(3) must be in writing.
It also provides that any moneys paid by the solicitor in satisfaction of any interest charge in accordance with Regulation 8A(4) is outlay for the purposes of the Regulations provided that it has been made clear to the client that clients’ moneys held by the solicitor for the client are being or will be applied by the
In the interests of improved efficiencies, the Courts Service introduced a pilot online appointment system with three of the Courts Service offices in late August 2021.
Over the course of the pandemic, many Court offices have been operating an appointment-only system for clients wishing to issue non urgent proceedings. This has been a heavily labour-intensive process with appointments only set up following multiple email exchanges and phone calls from Court Service staff to court users. To better manage resources and improve service, the Courts Service is piloting an online appointment system with three offices through courts.ie. This new pilot system allows relevant users to book an appointment to the pilot court offices via our website, www.courts.ie
The Courts Service is piloting an appointment system for clients to: • The Central Office of the High Court • Dublin District Family Law Office (Dolphin House) • Limerick Court Office – Civil and Family
Having an appointment helps the user to know when to attend, reduces waiting times for service and also gives the certainty that somebody will be there to help them. At the same time, knowing how many people are coming, helps an office to arrange resources and work more efficiently.
solicitor in satisfaction (in whole or in part) of such interest charge.
Therefore, Regulation 8A confirms a solicitor’s entitlement to pass on the interest charges to their clients as an outlay, and it also confirms that agreements in writing may be made with clients in respect of the manner in which such interest charges may be discharged.
Regulation 8A also clarifies that it will not be a breach of the Regulations for a solicitor to hold moneys in a non-interest bearing account.
The Law Society has previously noted that in deciding how best to pass an interest charge, some solicitors will make a precise daily calculation of the amount of negative interest applied (i.e. like for like outlay) whereas others will apply an additional charge plus VAT based on a broad stroke approach (e.g. funds handling charge), adding it as a general charge along with postage, phone and photocopying.
The Law Society has produced sample clauses to cover these approaches in notices issued pursuant to Section 150 of the Legal Services Regulation Act 2015. Practitioners will need to consider, when issuing the initial s150 Notice, whether any charge of this nature is likely to be incurred and how it will propose to treat such a charge. Any subsequent notice would have to address whether any such charge has been incurred.
Marissa O’Keeffe is a Senior Associate Solicitor with St. John Solicitors and a Member of the Property Committee of the DSBA
ONLINE COURT DEVELOPMENTS
What is Changing?
At the moment, changes will only apply to the offices mentioned above.
Clients with urgent matters will continue to be served as usual.
There will also be changes to the Courts website to accommodate this new system, and users wishing to make appointments at the pilot offices will be able to do so through www.courts.ie.
What’s Next?
This pilot will be monitored and reviewed for a few months. The experience of this pilot will inform the Courts Service Modernisation Programme Board in considering the next steps for the pilot and wider organisation.
Should colleagues have any questions in relation to this pilot project, please do not hesitate to contact the Courts Service. Email: pablolopezalonso@courts.ie
