NOTICES (updated 18th December 2025)

The Court of Appeal Office in Áras Ui Dhalaigh is conducting business by appointment only. An appointment should be made on the Courts Service website using the following link Book An Appointment

For urgent matters or where it is not possible to book online, please email [email protected]  or phone 01-8886120 to make an appointment.

Documents will also be accepted by post or via DX (No. 262001).

APPEALS FOR HEARING

All Appeals are heard by way of a physical hearing unless otherwise directed by the Court.

A revised version of Practice Direction CA06 came into effect on 1^st June 2022 a copy of which is available on the Courts website (www.courts.ie).

LODGING OF BOOKS OF APPEAL

Parties are required to lodge complete books of appeal and books of authorities (in hard and soft copy) not later than 4 weeks prior to the date of the appeal in accordance with Practice Direction CA06 or such other date as shall be fixed by the Court. A party who has been authorised to lodge the books of appeal may lodge the books in accordance with this direction notwithstanding the failure of another party to the appeal to furnish its written submissions to such party for inclusion in the books of appeal.

In the event that the books are not lodged within the time fixed, the appeal shall be relisted in the next directions list in the Court of Appeal for mention. If the books are not lodged by the latter date, the Court may make an order extending the time for the late lodging of the books of appeal for such short period as it deems appropriate subject to an order that the appeal shall stand struck out for failure to comply with the directions of the Court. Where an appeal is listed in the directions list by reason of the foregoing, the party in default may be liable for the costs arising from attendance at the directions list.

Parties should lodge the books of appeal (including the books of authorities) in hardcopy (x 4) and also in soft copy via the ShareFile platform, a link for which will be sent by the office after the hard copies have been lodged.

A revised version of Practice Direction CA06 came into effect on 1^st June 2022, a copy of which is available on the Courts website (www.courts.ie).

APPLICATIONS FOR ADJOURNMENTS ON MEDICAL GROUNDS

The principles governing applications to adjourn proceedings on grounds that a party is unfit to progress the litigation are set out in the case law of the Supreme Court (Tracey v. McDowell [2016] IESC 44 and Tracey v. Irish Times [2019] IESC 62) and of the Court of Appeal (Kildare County Council v. Reid [2018] IECA 370; Hanrahan v. Gladney [2018] IECA 403; Geary v. Property Registration Authority [2020] IECA 132 and Hanrahan v. Minister for Agriculture and Food [2020] IECA 340).

These principles apply to applications for adjournments based upon medical grounds of matters listed for hearing before the Court of Appeal.

A party intending to apply for an adjournment on medical grounds of any matter listed before the Court of Appeal should do so as soon as is practicable once the party apprehends that they will not be medically fit to progress the litigation.

Normally, the application will be made in the Directions List of the Court of Appeal. The applicant should apply to the Office of the Court of Appeal to list the matter for mention in the next List. The other parties to the appeal should be notified of the intention to seek an adjournment on medical grounds, the date of the application and a summary of the basis for the application.

If, due to a medical emergency, it is not possible to list the matter in the Directions List of the Court of Appeal before the appeal is heard, the correspondence addressed to the Office of the Court of Appeal requesting the adjournment should be copied to the other parties to the appeal. They will be afforded an opportunity to respond thereto, provided time permits, and the Court will rule on the application.

In accordance with the case law, any application for an adjournment sought on medical grounds must be supported by evidence in the form of a medical report or certification prepared by a medical professional furnished to the Court which:

1.  identifies the medical professional and provides details by which they may be contacted.
2.  outlines the medical professional’s familiarity with the party’s medical condition and states whether they are treating the party.
3. identifies the party’s medical condition (s) based upon a proper examination.
4. if the medical practitioner is of the opinion that the party is medically unfit, the report should outline the features of that condition which prevent participation in the appeal/ attendance in court.
5. identifies when the party may be able to attend court in the future, given his or her condition and the prognosis thereof.
6. identifies whether the party is medically fit to make written submissions and/or to participate in a remote hearing of the appeal.

Save in the case of a medical emergency, applications for adjournments on medical grounds which are not supported by a medical report satisfying these requirements are unlikely to be granted.

The party submitting the medical evidence should indicate whether he or she has any objection to all or part of that evidence being provided to the other parties to the appeal and, if so, the basis of its objection.

Where a party indicates that it opposes the application for an adjournment, and/or the Court’s provisional view is to refuse the adjournment, the Court, in the exercise of its discretion, may give such directions as it thinks fit regarding the furnishing of any medical report(s) relied upon by the applicant, or some lesser form of disclosure of the evidence in support of the application, to the other parties to the appeal, as is in the interests of justice.

FRIDAY DIRECTIONS LIST AND MOTION LISTS

The weekly directions and motions lists are conducted in person before the President unless otherwise directed by the Court. This means that all parties must attend in person in Court 1, Court of Appeal Building, Four Courts save where the Court directs otherwise.

In accordance with provisions of Order 86A Rule 16(1) the directions book is to be lodged in the office by close of business on the preceding Friday. In accordance with the provisions of Order 86 Rule 12(5) (dealing with interlocutory applications) the motion book is to be lodged in the office by close of business on the preceding Tuesday.

FRIDAY CALLOVER OF APPEALS LISTED FOR HEARING

The weekly advance Callover Lists of appeals listed for hearing are conducted in person before the President unless otherwise directed by the Court. The Callover lists for each respective Friday list are published in advance in the Legal Diary. The Legal Diary list is updated on a daily basis. It is the responsibility of the parties in listed appeals to check the Legal Diary for the date of the relevant Callover (generally scheduled for approximately six weeks in advance of the appeal hearing date)

Parties will be aware that the purpose of the Callover is to confirm that submissions and books of appeals (including books of authorities) have been lodged or will be lodged as directed, and that there has been compliance with any other directions previously given by the Court. It is vital therefore that there be an attendance at the Callover by all parties to an appeal.

VIRTUAL MEETING ROOM (VMR) DETAILS FOR FRIDAY LISTS - IMPORTANT 

Parties are asked to note that the Virtual Meeting Room (VMR) details for the Callover / Directions / Motion list on each Friday will no longer be furnished unless directed by the Court. If any party is unable to attend in person, they may apply to the Office of the Court of

Appeal for leave to appear remotely for a decision by the judge in charge of the list, which application should be supported by a medical report which details the medical reasons why the party concerned is unable to attend in person. Without prejudice to the foregoing, the Court may in any case for good and sufficient reason permit a party to appear remotely.

COURT OF APPEAL ORDERS

Due to the recent upgrade to the High Court case management system, it is not currently possible to view when Court of Appeal Orders are perfected on High Court Search.

Please email [email protected] for updates on the perfection of Orders.

DELIVERY OF ELECTRONIC JUDGMENTS

Written judgments of courts may be delivered by means of a copy of the judgment being sent electronically to the parties and a copy, subject to such redactions as would ordinarily apply, being posted as soon as possible on the Courts Service website. The date and time of delivery to the parties will be notified in the Legal Diary.

The parties may be invited to communicate electronically with the Court on issues arising (if any) out of the judgment such as the precise form of order which requires to be made or questions concerning costs, or they may be requested to attend physically to address the Court on these issues. Any directions in relation to such issues will be included in the Judgment or will be notified to the parties following delivery of the Judgment.

CIVIL APPEALS FOR HEARING IN THE CRIMINAL COURTS OF JUSTICE

Civil appeals with a custody element i.e. Article 40 habeas corpus, extradition, bail and judicial review arising out of criminal proceedings are dealt with by the criminal office which is situated on the 4^th Floor of the Criminal Courts of Justice Building, Parkgate Street, Dublin 8. The civil office will continue to issue the Notice of Appeal and identify whether the appeal comes within the category of appeal to be heard in the Criminal Courts of Justice and allocate the next available case-management list in the Criminal Courts of Justice for a directions hearing.  The file will then be transferred to the criminal office and all subsequent documents in the appeal process are to be lodged in the criminal office which will have responsibility for the management and listing of the appeal.  Any enquiries in relation to such appeals should be made to the criminal office by email to [email protected] or by telephone on (01) 7988004.

NOTICE OF THE PRESIDENT OF THE COURT OF APPEAL

Disruptive Conduct by Litigants and Others in Court

Following consultation with the President of the High Court, I have decided that in light of the increasing number of  incidents of extremely disruptive and, on occasions, violent conduct in court by some litigants in person and their supporters, it is necessary that I issue this Notice by way of warning to those who engage in such conduct that it will not be tolerated and will likely be addressed by the Court in one or more of the ways listed below, as well as exposing those involved in such conduct to the risk of further procedures for contempt of court and potentially other criminal proceedings. A similar notice has been issued by the President of the High Court.

Disruptive conduct threatens the effective management of court business, the progress of cases and the safety and welfare of judges, registrars and other court officers, officials and staff, lawyers and litigants alike. The Court has a duty to protect the integrity of proceedings and ensure the proper administration of justice and the safety of all those involved in the courts system. If public confidence in the administration of justice is to be maintained, it is paramount that the authority of the Court is respected.

The purpose of this Notice is to identify some of the more common examples of disruptive behaviour by certain litigants in person and their supporters and some of the ways in which such disruptive conduct can and will be dealt with by the Court when it arises. Given the increasing incidents of these types of disruptive behaviour, it cannot be expected that the Court will exercise the type of tolerance for such behaviour as may have been exercised up to now.

Where a person disrupts court business, there are a range of orders the Court may make under legislation, the Rules of the Superior Courts and under its inherent jurisdiction. Some of these measures are outlined below, by way of example. It should be stressed, however, that this is not an exhaustive list. There are other orders which may be sought by persons adversely affected by such disruptive behaviour (including orders made under the Court’s criminal and civil contempt of court powers). Criminal proceedings may also be brought.

Where necessary, the Court may take one or more of the steps outlined below where that is a fair and proportionate response to the disruptive conduct involved.

The objective in this regard is to ensure that all proceedings are conducted fairly, safely and efficiently, while protecting the rights of all participants.

1. Examples of Disruptive Conduct

Disruptive conduct (or disruptive behaviour) is any behaviour that interferes with the proper administration of justice and includes, purely by way of example (and not as an exhaustive list):

• instituting or prosecuting any proceedings that are improperly repetitious of previous proceedings or contain claims that could more properly have been litigated in earlier proceedings, are oppressive, frivolous, vexatious, bound to fail or lack any reasonable prospect of success, or are aimed at an ulterior purpose;
• seeking to re-open any perfected order without substantial cause;
• repeated failure to comply with time limits for the taking of procedural steps;
• improper applications knowingly being made in the incorrect list or before the wrong judge;
• making any submission or application that is oppressive, frivolous, vexatious, bound to fail or lacks any reasonable prospect of success or is aimed at an ulterior purpose;
• instituting proceedings against: (a) any judge, registrar, court official or member of staff of the Courts Service or former holder of such positions, and/or (b) without proper basis, against any lawyer (save by a client or former client);
• instituting proceedings in breach of a litigation restriction order or “Isaac Wunder” order;
• any actual, attempted or threatened assault of the judge or any person in court such as the attempting of a purported arrest within the courtroom or offering physical resistance to a member of An Garda Síochána who is implementing or is proposing to implement or has implemented any order or direction of the Court;
• any actual, attempted or threatened unauthorised taking or recording of any images or audio record in court or the use or display of any mobile device or other equipment in a manner that is capable of taking or recording such records;
• the use of any abusive, threatening, significantly discourteous or otherwise improper words or conduct towards the Court or any other person in court;
• conducting cross examination in an improper or oppressive manner, after being duly warned by the Court;
• the production of or reliance on any prolix, scandalous or otherwise improper document;
• failure or refusal to comply with, or refusal to accept, any directions of the Court as to the conduct of the hearing or otherwise;
• delaying the orderly processing of the business of the Court including by making unfounded adjournment requests, including for unsubstantiated medical reasons;
• any other disruption of the hearing such as addressing the Court or attempting to do so without a right of audience, failing to cease addressing the Court when directed to so cease, making any unauthorised disruption or other intervention, or moving about in the courtroom in a disruptive manner;
• acting as a McKenzie Friend without complying with the conditions for such a role, or availing of the assistance of such a person;
• reliance on the assistance of a McKenzie Friend without obtaining the Court’s permission and without disclosing to the Court any information relevant to the matter that the Court may require; and/or
• taking any other step tending to interfere with the course of justice.

2. Examples of Steps the Court May Take

Where the Court is satisfied that disruptive conduct has occurred, is occurring or is likely to occur in a way that affects the conduct of any proceedings or court business, the Court may make a range of different orders and take various steps to ensure that proceedings are conducted in a fair and orderly manner.

Depending on the circumstances, and again purely by way of example, the Court may:

• require any matter advanced by the person to be placed on affidavit;
• require any person in a position to give evidence about any such matter to attend in person to give sworn evidence;
• proceed in the absence of a party who fails to attend despite notice of a hearing;
• make orders preventing any person from engaging in disruptive conduct generally or particular types of such conduct;
• adjourn proceedings;
• dismiss or strike out any proceeding or defence, either absolutely or on terms or by way of an unless order;
• restrict the person from making a particular submission or submissions of a particular type or from conducting cross-examination in any specified inappropriate way or curtail such cross-examination;
• restrict the person from availing of a particular McKenzie Friend or from acting as a McKenzie Friend or from purporting to offer litigation related services for reward or otherwise;
• restrict the person from attending court in person and requiring any further proceedings in which the person is involved to be conducted remotely on such conditions as to access to audio and video transmission as may be directed;
• restrict the person from interaction with the Court, the registrar or other court official or staff of the Courts Service or with the Courts Service itself and/or opposing lawyers, generally or in a specified manner;
• restrict the person from communicating with the Court, the registrar or other court official or with members of staff of or with the Courts Service itself, otherwise than by formal notice of motion and affidavit;
• restrict the person from attending in person at any court office, including the Office of the Court of Appeal;
• move the hearing to a remote platform including, where necessary in the circumstances, without the necessity for prior warning or submissions;
• exclude any person from a physical courtroom;
• mute the person’s audio on remote court, following the giving of a warning, if appropriate;
• terminate the person’s connection to a remote court hearing, following the giving of a warning, if appropriate; and/or
• restrict the person from instituting proceedings generally or of a particular type, without prior consent of the President of the High Court or another judge of the High Court nominated by the President.

Orders of this nature may, where necessary and proportionate, be made the basis of a single instance. They may also be made, in accordance with law, without prior notice to the person disrupting court business, but subject to any submission the person may wish to make subsequently as to why the order(s) should be set aside or varied.

3. Removal from the Court

Where disruptive conduct warrants removal from the courtroom, the Court may:

• warn the person of possible removal unless urgency or prior conduct makes warning inappropriate; and/or
• direct voluntary removal and/or request Garda assistance, including reasonable force, if necessary.

Following removal, the court may proceed in the absence of the removed person.

18 December 2025

Ms. Justice Caroline Costello

President of the Court of Appeal