Remote hearings: judge urges parties to inform court of settlements

Lawyers who settle cases set for remote hearing before the High Court should inform the court in advance so another case can take the slot, a High Court judge has said.

Mr Justice Brian O’Moore was speaking on Thursday as four motions for discovery in a commercial case settled.

The judge said no criticism was being levelled against any of the parties in the case before him but he was speaking as this was the first remote hearing before him to have settled.

Lawyers for parties normally tell the court on the scheduled day of the hearing if the case is going on or not, he noted.

Referring to the impact of the Covid-19 pandemic, the judge said it was through Trojan work of the Chief Justice and the President of the High Court that remote hearings are now taking place.

If the matter set for remote hearing can be resolved, that should be conveyed in a timely manner to the court so other parties can be offered the opportunity of a hearing.

Remote hearings bring with them their own sense of discipline, he said.

He warned that providing legal authorities to be considered by the court and read by the judge one and a half hours before a scheduled remote hearing is not satisfactory.

“We are all learning, not just practitioners, but also judges,’ Mr Justice O’Moore said.

Trailfinders

The case set for remote hearing before the judge was by travel agency, Trailfinders, which is suing three former employees and a rival firm claiming they allegedly took preparatory steps before resigning to use the company’s trade secrets to set up in competition with the rival.

Trailfinders, Dawson Street, Dublin, is part of the Trailfinders Group which employs 1,000 throughout the UK and Ireland and specialises in the provision of travel packages tailored to the individual requirements of customers.

Its Commercial Court proceedings are against a rival firm, Cork-based Travel Counsellors (Ireland) Ltd (TCIL) and against Liam Higgins of Pleasant Street, Portobello, Dublin, Jamie Thomas, Derrynane Gardens, Sandymount, Dublin, and Simon Armstrong, Halliday Square, Arbour Hill, Dublin.

All the claims are denied.

Cian Ferriter SC, for Trailfinders, said on Thursday that four discovery motions before the court had been resolved and it had been agreed an independent expert will review data based material linked to the case.

Referring to the resolving of the discovery matters, counsel said peace had only broken out “at the last minute”.

Michael Howard SC, for TCIL, said the issues had only resolved late the previous night.