High Court
Date17th July 2020
TypeCommercial
Updated16th July 2020
LIOSTA TRACHTÁLA
COMMERCIAL LIST


BEFORE MR JUSTICE BARNIVILLE
COURT 2 REMOTELY

At 10.30 VMR
FOR MENTION
2009 NO 5064S IRISH BANK RESOLUTION CORPORATION -V- DAVID DRUMM
At 10.45
CALLOVER OF NEXT WEEKS CASES TO BE HEARD REMOTELY

At 11.00 VMR
FOR MENTION
2017 02256 P AIB PLC -V- BRADLEY [PUST MALCOMSON LAW SOLICITORS] & ORS (Plaintiff's Motion dated 06 February 2020 v 1st, 2nd & 3rd Defendants) (FM)
2017 02256 P AIB PLC -V- BRADLEY [PUST MALCOMSON LAW SOLICITORS] & ORS (Directions Motion) (FM)

At 11.30 VMR
FOR HEARING
2018 No 1615 S FENITION .V. COLEMAN & ANOR
(Liberty to Solr 2nd Defd NOM (solr off record)

At 12.55 VMR
FOR MENTION
2020 No 162 COS NORDIC AVIATION CAPITAL DAC & COS ACT (FM Related Matter)


BEFORE MR JUSTICE QUINN
IN COURT 7 AT 11 O'CLOCK
FOR HEARING
2020 No 125 COS CITYJET & COS ACT (EXAMINERSHIP) FH


From Monday 20th July 2020 until further notice:
Commerical Court Motion Lists will be held remotely each Monday
Commercial Court Callovers will be held remotely each Friday
For the Virtual Courtroom Login Details and Instructions please check the following websites:

https://members.lawlibrary.ie/members-area/covid/it-help
https://www.lawsociety.ie/remotehearings



TRINITY TERM 2020
COMMERCIAL LIST

PRACTICE DIRECTION HC 93

This Practice Direction replaces HC50 (as amended) which came into operation on 12th April, 2019. This Practice Direction will apply with effect from 20th July, 2020.

1. The Solicitor's Certificate issued pursuant to O.63A, r. 4 (2) of the Rules of the Superior Courts (the “Rules”) grounding an application to enter a case in the Commercial List must be signed by an individual Solicitor who is and will be responsible for the conduct of the case. It is not sufficient that the Certificate be signed in the name of a firm. The Certificate seeking entry into the List should state the section/s of O.63A r. 1 under which the application is being made.

2. Such Certificate, in addition to containing the other material prescribed by the Rules, must also contain undertakings to the court from the solicitor -

(a) that in the event of the case being admitted to the Commercial List, that solicitor will use his/her best endeavours to ensure that the court's directions will be complied with in full; and

(b) that within 14 days of the conclusion of the case in the High Court, whether by agreement, discontinuance, strike out, dismiss or other court order, and whether before or after entry to the Commercial List, such solicitor will use his/her best endeavours to submit by electronic means to the Courts Service at commercialdata@courts.ie a Case Report in the format published in the High Court section on the Courts Service website www.courts.ie on the date of publication of this Practice Direction.

3. An application to enter a case in the Commercial List grounded on a Certificate which does not comply with the provisions of paras. 1 and 2 of this Practice Direction will be refused.

4. When a case is entered into the Commercial List the respondent will be required to nominate an individual solicitor who will be responsible for ensuring compliance with the directions of the court.

5. Motions:

(1) A set of hard copy papers in respect of motions to be heard by the Judge in charge of the Commercial List on a Monday must be lodged by the moving party in the Registrar's Office above the Central Office of the High Court by 4.30pm on the Wednesday preceding the Monday motion list. Soft copies must also be emailed to mwhite@courts.ie by the same time. Please note failure to do so will result in the motion being adjourned to the following Monday. Those papers must include all relevant orders made by the court.
(2) No e-mails in respect of motions in the motion list will be accepted by the Registrar or considered by the court if sent after 3pm on the Friday preceding the Monday motion list save for emails containing agreed directions and orders and in other very exceptional circumstances in the interests of justice. If emails sent after that time are relevant to a motion in the list, the motion will be adjourned, generally to the following Monday, so that they can be considered by the court with the other papers lodged for the motion.
(3) The Commercial Motion List will be held remotely until further notice. The Virtual Courtroom Number and relevant instructions for practitioners will be made available to members through the Law Society of Ireland and the Bar of Ireland Websites:
https://members.lawlibrary.ie/members-area/covid/it-help/
https://www.lawsociety.ie/remotehearings

6. Trials:

Hard copy papers for trials must be delivered to the Registrar's Office above the Central Office not later than 4.30pm on the Wednesday preceding the week in which the case is listed to begin. Soft copy papers must also be provided as directed by the court.

7. On every Friday during term there will be a call over at 10.45 am before the Judge in charge of the Commercial List of the cases listed for hearing during the following week. The purpose of this call-over is to ensure that all pre-trial directions given by the court have been complied with in full and that the case is ready to proceed.

8. The call over of Commercial cases will be held remotely until further notice. The Virtual Courtroom Number and relevant instructions for practitioners will be made available to members through the Law Society of Ireland and the Bar of Ireland Websites:
https://members.lawlibrary.ie/members-area/covid/it-help/
https://www.lawsociety.ie/remotehearings

9. In the event of a case settling prior to its trial date it is the duty of the solicitor for the moving party to inform the Registrar of that fact immediately by email.

10. All papers lodged in the List Room must be properly bound, indexed and paginated.







______________________
President of the High Court
15th July 2020


FOR TUESDAY 21ST JULY

BEFORE MR JUSTICE BARNIVILLE
At 10.30 FOR MENTION REMOTELY(Barniville J)
2018 00876 S FENITON PROPERTY FINANCE DAC -V- WHITE & ANOR
2019 00532 SP FENITON PROPERTY FINANCE DAC -V- WHITE & ANOR (Entry Motion) (FM)
2018 00878 S FENITON PROPERTY FINANCE DAC -V- DUBLIN LAND SECURITIES LIMITED & ORS (FM only at 10.30 o'clock)

At 10.45 FOR MENTION REMOTELY (Barniville J)
2019 03888 P MC CARTHY & ANOR -V- MC CARTHY & ANOR (FM)
2019 00753 S BELTANY PROPERTY FINANCE DAC -V- EMERALD PROPERTY (IRL.) LTD & ORS (Plaintiff's application for Summary Judgment) (FM)

At 10.50 FOR MENTION REMOTELY (Barniville J)
2019 7703 P CLYDAVILLE INVESTMENTS LIMITED -V- SETANTA CENTRE UNLIMITED COMPANY

In Court 29 Mr J Barniville
At 11.00 FOR HEARING
2020 No 162 COS NORDIC AVIATION CAPITAL DAC & COS ACT
(FH)(Iday)at 11 o'clock (Court no 29)

FOR WEDNESDAY 22ND JULY

BEFORE MR JUSTICE BARNIVILLE
At 10.30 FOR HEARING REMOTELY
DEFENDER LIMITED -V- HSBC FRANCE; COMMERCIAL COURT RECORD NUMBER 2013 NO 177 COM

FOR HEARING AT 11.00
2020 - 179 COS PIMCO EFTS PLC - V - COMPANIES (FH) 11am

BEFORE MR JUSTICE QUINN
At 11.00 FOR HEARING
2020 - 174 COS TUSKAR PROPERTY HOLDINGS (IN LIQUIDATION) /V/ COMPANIES ACT 2014 (FH) )(2days) (Interlocutory Injunction )
2020 - 174 COS TUSKAR PROPERTY HOLDINGS (IN LIQUIDATION) /V/ COMPANIES ACT 2014 (FM)(Dirs)


FOR THURSDAY 23RD JULY

BEFORE MR JUSTICE BARNIVILLE
At 11.00 FOR HEARING
2020 207 COS ECS EUROPEAN CONTAINERS LTD -V- EUROPEAN COMMUNITIES [CROSS BORDER MERGERS] (FH)(Regulation 13)
2020 207 COS ECS EUROPEAN CONTAINERS LTD -V- EUROPEAN COMMUNITIES [CROSS BORDER MERGERS (FM)(Dirs)

BEFORE MR JUSTICE MCDONALD(Provisionally)
2017 No 2795P AIB PLC .V. AIG EUROPE & ORS

BEFORE MR JUSTICE TWOMEY
2018 No 1872 P RYAN V DENGROVE (Interlocutory Injunction)(FH)(1 day)
2020-4756-P-RYAN & ANOR -V- DENGROVE DAC & ANOR(Directions)
BEFORE MR JUSTICE O'MOORE
at 10.30 am
2020 1219 P EVALVE INC & ORS V EDWARDS LIFESCIENCES IRL LTD. & ORS

FOR FRIDAY 24TH JULY

BEFORE MR JUSTICE BARNIVILLE
At 10.45 am
CALLOVER OF NEXT WEEKS CASES TO BE HEARD REMOTELY

At 11 o'clock
2020-4035-P-THE WORKMANS CLUB LTD T/A MARYS SHOP AND BAR WOW -V- ARACHAS CORPORATE(Plaintiff's Motion dated 05/06/20 “directions Motion )” (Lib to issue Motion for stay returnable to 24/07 ) BARNIVILLE J

FOR TUESDAY 28TH JULY

BEFORE MR JUSTICE O'MOORE
2020 - 141 S ANNAUGH LTD & ORS .V. DUKE CAPITAL VI LTD & ANOR (FH)(3hrs) (Plaintiff's application for Summary Jt) O'MOORE J
2020 - 141 S ANNAUGH LTD & ORS .V. DUKE CAPITAL VI LTD & ANOR(FM)(DIRS)

BEFORE MR JUSTICE QUINN
2020-1192-P-BURNS & ANOR -V- BURKE & ANOR(FH)(Plaintiffs'motion for various reliefs ) QUINN J

BEFORE MR JUSTICE MCDONALD
2020 NO 248 JR DUBLIN CYCLING CAMPAIGN V AN BORD PLEANALA(SID) (FH)(3d)


BEFORE MR JUSTICE TWOMEY
At 10.30 am FOR MENTION
2017 No 2499 S AIB .V. MULVANEY(FM)(Order)

FOR WEDNESDAY 29TH JULY
2020-280-JR-SGM MANAGEMENT LTD -V- ROYAL COLLEGE OF SURGEONS IRELAND(FH)(2d) TWOMEY J
2020-144-COS-CNP EUROPE LIFE DAC -V- INSURANCE ACT 1989(FH)(Petition)at 11 o'clock BARNIVILLE J

FOR THURSDAY THE 30TH JULY
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am (Barniville J)

2020 No 2502P NATIONAL PAEDIATRIC HOSPITAL DEV BOARD -V - BAM
BUILDING LTD (Plaintiff's motion dated 21/04/20 (“Directions Motion”) FM
at 10.30 a m
2012 03280 P IRISH BANK RESOLUTION CORPORATION LIMITED & ANOR - V- FINGLETON (FM at 10.30 o'clock) REMOTELY

11.15 FOR HEARING
2016 No 9981P TRAFALGAR DEVS LTD & ORS .V. MAZEPIN & ORS (liberty to Plaintiff to bring motion for the relief comprised in the terms of the undertaking recorded in the Order of Barniville J dated 27 June 2019 and ancillary reliefs) (Barniville J)

BEFORE MR JUSTICE QUINN
2020 No 176 JR SPECTRE [SHELBOURNE) LTD - V - AN BORD PLEANALA(FH)(2d)

BEFORE MR JUSTICE O'MOORE
2020 01219 PEVALVE INC & ORS -V- EDWARDS LIFESCIENCES IRELAND LTD & ORS (Any Discovery Motions FH(INJ) (2days

FOR FRIDAY 31ST JULY

MR JUSTICE BARNIVILLE
2020 - 4257P HERITAGE INVESTMEN ICAV .V. DEBENHAMS PLC & ANOR (FH)(Plaintiff's Motion for judgment in default of appearance)
2020 - 4257P HERITAGE INVESTMEN ICAV .V. DEBENHAMS PLC & ANOR (FM)(Dirs)
2020 4372 P LASEDA LTD V DEBENHAMS (Plaintiff lib Motion for Judgment in default of appearance)(FH)
2020 4372 P LASEDA LTD & DEBENHAMS(FM)(Dirs) BARNIVILLE J
2020 No 4256P KILMALODA LIMITED V. DEBENHAMS PLC & ORS(FM)(Dirs)
(Plaintiff lib to issue Motion for Judgment in default of appearance)(FH)

FOR TUESDAY THE 1ST SEPTEMBER
2018 7984 P THE MINISTER FOR EDUCATION AND SKILLS -V- WESTERN BUILDING SYSTEMS LTD (Defendant's NOM dated 29/06/20 procs as between Plf and Defd and procs as between Def and Third Parties to be tried and heard together(FH)( ½ d)

FOR THURSDAY THE 3RD SEPTEMBER

BEFORE MR JUSTICE O'MOORE
2020-4639-P-HERNANDEZ ORTEGA & ANOR -V- ROMAGNOLI & ORS(FH)(½ d)

FOR MONDAY 7TH SEPTEMBER
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am(Barniville J)

2019 00167 MCA EIRCOM LIMITED -V- COMMISSION FOR COMMUNICATIONS REGULATION FM (10.30 o'clock)

BEFORE MR JUSTICE QUINN
2019 98 JR: SWEETMAN -V- AN BORD PLEANÁLA AND OTHERS(FH)(2d)

FOR TUESDAY 8TH SEPTEMBER 2020 (MOTION LIST)
2016 09981 P TRAFALGAR DEVELOPMENTS LTD & ORS -V- MAZEPIN & ORS (further consideration)FM
2016 09981 P TRAFALGAR DEVELOPMENTS LTD & ORS -V- MAZEPIN & ORS (Nom dated 2nd June 2020 of 4TH & 5TH Defds dismissing proceedings by 4TH Plf V 4TH & 5TH defds_)FM
2016 09981 P TRAFALGAR DEVELOPMENTS LTD & ORS -V- MAZEPIN & ORS(Plf's Motion dated 5th June 2020 to amend procs ) FM


FOR THURSDAY 10TH SEPTEMBER

BEFORE MR JUSTICE MCDONALD
2020 No 266 JR WALSH .V. AN BORD PLEANALA (SID)(FH)(3days)

FOR TUESDAY 15TH SEPTEMBER (MOTION LIST)
2020 2908 P IRISH MOTOR SPORT FEDERATION LTD T/A MOTORSPORT -V- ALLIANZ PLC & ANOR(FH)(DIRS)
(Liberty for any discovery motions to be returned to 15/09/20)
2018 No 1515s FENITON PROPERTY FINANCE DAC .V. COLEMAN & ANOR
(Liberty to Plaintiff to bring NOM for Committal & Attachment of 2nd Defd and NOM for discovery in aid of execution )

FOR MONDAY 21ST SEPTEMBER

BEFORE MR JUSTICE MCDONALD
2020 No 238 JR HIGHLAND RESIDENTS ASSOCIATION & ANOR v AN BORD PLEANALA (SID)(FH)(3-4d )

FOR TUESDAY 22ND SEPTEMBER (MOTION LIST)
2018 7984 P THE MINISTER FOR EDUCATION AND SKILLS -V- WESTERN BUILDING SYSTEMS LTD( FH)(DIRS)
2018 7984 P THE MINISTER FOR EDUCATION AND SKILLS -V- WESTERN BUILDING SYSTEMS LTD (Balance of Defd's 3rd Party's Motion) dated 20/06/20 (FH)

FOR WEDNESDAY 23RD SEPTEMBER
2019 No 1373 S KENNEDY & ORS -V- WARD (Plaintiff's application for Summary Judgment) (FH)(1day)

FOR TUESDAY 29TH SEPTEMBER
2019-352-COS-EDMOND P HARTY & COMPANY UNLIMITED COMPANY -V- COMPANIES ACTS(FM)(Barniville J)
2020-314-JR-HINES GREIT II IRELAND FUND ICAV -V- BUNNI & ANOR(FH)(3d)


MICHAELMAS SITTINGS 2020

FOR TUESDAY 6TH OCTOBER
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am

At 10.30 FOR MENTION
2018 11231 P GALLAGHER & ANOR -V- FUND (FM) (Barniville J)

At 11.00 FOR HEARING
2017 07333 P LIBERTY INSURANCE LTD & ANOR -V- EIRGRID PLC (FH) (6d)
4 RELATED MATTERS FH(14 DAYS) :-
2020-3658-P-ABERKEN T/A SINNOTTS -V- FBD INSURANCE PLC (FH
2020-3656-P-HYPER TRUST LTD T/A THE LEOPARDSTOWN INN -V- FBD INSURANCES PLC-(FH)
2020-3453-P-LEINSTER OVERVIEW CONCEPTS LTD T/A SEANS BAR -V- FBD INSURANCE PLC- (FH)
2020-3402-P-INN ON HIBERNIAN WAY LTD T/A LEMON & DUKE -V- FBD INSURANCE PLC (FH)

FOR HEARING
2019-352-COS-EDMOND P HARTY & COMPANY UNLIMITED COMPANY -V- COMPANIES ACTS-(FH)(3WKS)

BEFORE MR JUSTICE QUINN
FOR MENTION
2016 05037 P VICTORIA HALL MANAGEMENT LTD & ORS -V- COX & ORS

FOR THURSDAY 8TH OCTOBER
BEFORE MR JUSTICE BARNIVILLE
At 10.30 am
2020-213-COS-XL CATLIN SERVICES SE & ANOR -V- EU [CROSS BORDER MERGERS]-(FH)(Regulation 13 and Regulation 14)


FOR FRIDAY 9TH OCTOBER

FOR HEARING
At 11.15 am
2020-175-COS-PARTNERRE IRELAND INSURANCE DAC -V- INSURANCE ACT 1989

FOR TUESDAY 13TH OCTOBER
at 10.30 am
2020-212-COS-GE MANAGEMENT SERVICES IRELAND LTD & ANOR -V- EU CROSS BORDER MERGERS FH(Regulation 13 and Regulation 14)(Barniville J)
2014 10198 P DORMER & ANOR -V- AIB PLC & ORS (FH) (7d)

FOR THURSDAY 15TH OCTOBER
FOR HEARING (2DAYS)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS (Plaintiffs' NOM dated 5th May striking out 1st & 4th Defendants Defence)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS-(Plaintiffs' NOM dated 1st May 20 dispensing with need to prepare witness statement on named parties)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS-(Plaintiffs' NOM dated 8th June 20220 for discovery against the defendants)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS-(first & Fourth Defendants NOM Dated3rd June 2020 Requiring the Plaintiffs to make discovery)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS(Plaintiffs NOM dated 21st May 2020 discovery v Notice Parties)
2019-2040-P-MC NULTY & ANOR -V- DIAKALI LTD & ORS-(Plaintiffs' NOM dated 21st May2020 discovery v Notice Parties)


FOR TUESDAY 20TH OCTOBER
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am (Barniville J)

2019 00167 MCA EIRCOM LIMITED -V- COMMISSION FOR COMMUNICATIONS REGULATION (FH) (3wks)

FOR TUESDAY 3RD NOVEMBER
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am (Barniville J)
2019 No 133 R REVENUE COMMISSIONERS -V- SUSQUEHANNA INTERNATIONAL GROUP LTD & ORS(FH) (2d)

FOR TUESDAY 27TH OCTOBER
2020-2535-P-MURPHY -V- URBAN GREEN PRIVATE LTD)(FH(6d)

FOR FRIDAY 30TH OCTOBER
FOR HEARING (I DAY)
2018-1554-S-PROMONTORIA [ARAN] LTD -V- BOLES & ORS (Summary Jt)
2018 No 1554 S PROMONTORIA (ARAN) LTD .V. BOLES &ORS (Plaintiff's NOM dated 6th July to amend Special Indorsement of Claim)

FOR TUESDAY 17TH NOVEMBER

2018 10218 P HSE -V- LAYA HEALTHCARE LIMITED (FH)(6d)


FOR TUESDAY 24TH NOVEMBER

BEFORE MR JUSTICE QUINN
2016 05037 P VICTORIA HALL MANAGEMENT LTD & ORS -V- COX & ORS (To Resume hearing)(4wks)

FOR TUESDAY 8TH DECEMBER

FOR HEARING
2018 11231 P GALLAGHER & ANOR -V- FUND (FH 5 days)
2020 54 JR REID -V- AN BORD PLEANALA (FH)(7days)
BEFORE MR JUSTICE O'MOORE
2018 06333 P UHLMANN GROUP HOLDING GMBH & CO KG & ANOR -V- PRODIECO UNLTD CO (Action(FH at 11.00 o'clock)(8d)
2018 06333 P UHLMANN GROUP HOLDING GMBH & CO KG & ANOR -V- PRODIECO UNLTD CO (Plaintiff's Motion dated 24 April 2019 for liberty to amend the Irish part of European Patent) (FH)

HILARY SITTINGS 2021
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30 am(Barniville J

FOR TUESDAY 12TH JANUARY
ANY APPLICATIONS IN RELATION TO THE COMMERCIAL LIST AT 10.30am (Barniville J)

FOR HEARING
2020 01219 P EVALVE INC & ORS -V- EDWARDS LIFESCIENCES IRELAND LTD & ORS (FH) (12d)


EASTER SITTINGS 2021

FOR TUESDAY 13TH APRIL

FOR HEARING
2018 04368 P ROSENTHAL & ORS -V- BOSTON SCIENTIFIC LTD & ANOR (FH) (8d)