Dear colleagues,

Ireland has experienced a dramatic increase in cases of Covid-19, with a knock-on effect for those obliged to self-isolate or restrict their movements

The justice sector has felt the effect of this: I know that many colleagues have already been obliged to improvise and work around unavoidable absences. This is particularly acute where court work involves personal attendance and contact. The Courts Service has agreed and published details of how it intends to deal with the evolving situation while conducting as much business as possible. Full details are available on the Courts Service website, and a short summary is available below.

Delays to jury trials

Jury trials involve a large number of people in attendance, sometimes over a prolonged period. They are therefore particularly affected by the unavailability of individual practitioners, staff, jurors, witnesses or Judges. In the circumstances, trials due to commence in the Central Criminal Court and Circuit Courts will not start before 24 January 2022.

Other jurisdictions

Steps will be taken in each jurisdiction to address the issues arising in other areas. The Courts Service and the Presidents of the respective jurisdictions aim to minimise disruption for the shortest possible period, while priority will continue to be given to urgent matters such as domestic violence applications.

Supreme court

All hearings scheduled until the end of January will be heard by remote platform.

• View the Supreme Court notice

Court of Appeal

All hearings scheduled will be heard by remote platform with requests for physical hearings and hybrid hearings considered on a case-by-case basis. The position will be reviewed on 19 January 2022.

• View the Court of Appeal notice

High Court

Criminal trials due to commence in the Central Criminal Court will not start before 24 January 2022. All other work will continue subject to the availability of Judges and Registrars.

• View the High Court notice for Dublin sittings
• View the High Court President's Notice for provincial sittings

Circuit Court

Criminal trials will not start before 24 January 2022. All other work will continue subject to the availability of Judges and Registrars. Practitioners are asked to note the directions in relation to the attendance of accused persons in criminal matters and use of remote hearings in Civil and Family matters where possible.

View Circuit Court President's Orders below:

• Cork Circuit Court Order
• Dublin Circuit Court Order
• Eastern Circuit Court Order
• Midland Circuit Court Order
• Northern Circuit Court Order
• South Eastern Circuit Court Order
• South Western Circuit Court Order
• Western Circuit Court Order

District Court

On criminal matters, an accused person (if legally represented) is excused from attending at criminal matters. Those without representation should attend in person. Hearings in criminal cases will not proceed save in limited circumstances. All remands where the accused is in custody should be dealt with by video link.

Court civil and licensing matters will be adjourned to a date assigned by the Court. Child care cases will proceed as normal until further notice. If the parties have reached agreement, then a consent order may issue. Consent adjournments can be notified to the relevant court office by email. Family law matters will proceed subject to the availability of Judges and Registrars.

• View the District Court Notice

Staying safe in court

Once again, anyone attending Courts Service buildings is asked to abide by the safety measures in operation. In particular, practitioners have been asked to:

• agree in advance as many issues and as much evidence as possible in order to shorten hearings and avoid witnesses attending court unnecessarily,
• hold consultations in the days or weeks preceding the hearing date where possible, and on a site away from Courts Service premises, and
• avail of hybrid hearings in relation to witness cases wherever possible.

Submission on the proposed profession of conveyancer

Section 34(1)(c) of the Legal Services Regulation Act provides that the Authority shall furnish a report to the Minister for Justice in relation to the creation of a new profession of conveyancer. In September 2021, the Law Society was invited to make a submission to the Authority in relation to this report. In addition to its voluntary committees and bar associations nationwide, the Society canvassed the views of the profession to provide a comprehensive, informed response. I want to thank the members who took their time to share their insight.

The Society’s submission points out the vigorous price competition already operating in this sector, ongoing developments including progress on eConveyancing, and the need for substantial investment in a regulatory and education framework for any new profession. In circumstances where the Society is actively driving reform which will streamline the process, reduce costs and enhance the experience of stakeholders, any substantial change to the current model of delivery is premature. Before any further changes are introduced, the submission concludes, adequate time should be given to assess the impact of digitisation of the system.

• Read the Submission to the LSRA on the proposed profession of conveyancer

I know that colleagues will continue to act responsibly inside and outside of Courts Service buildings. We will once again show the resilience and flexibility that has characterised our profession’s approach to the pandemic.

The Law Society will also continue to engage constructively with the Courts Service and other stakeholders, building on what has been achieved since 2020, to maintain access to justice in a safe, sustainable way. The Society will also provide you with regular updates through these bulletins and the Law Society eZine.

With kind regards,

Michelle Ní Longáin,

President