The Commercial Court is soon to hear a case by “Trialview”, which is the court's version of Zoom. This is the same system that was used by Justice Denis Mc Donald in the recent insurance case involving FBD [2021 IEHC 78]. The Civil Law and Criminal Law Act 2020 allows 2020 allows the court to order a remote hearing
The case involves the liquidators for IBRC suing to recover €20 million from a former director who is fully defending the claim and is counter suing for damages.
The defendant and his team, seeking to defer the case which was scheduled for a six week hearing last month, argued that the defendant must give evidence in person so that the court could assess his credibility, that it would be difficult for the lawyers to consult with their client and that only urgent matters could be hear during this lockdown.
The court and Justice Brian O ‘Moore were having none of it, being of the view that there was no real substance to the objections, that proceedings has been commenced in 2010 having a “long an chequered history” and ordered that the matter proceed by way of remote hearing.