Dramatic rise in number of cases before Commercial Court

New figures released yesterday show a dramatic increase in the number of cases coming before the Commercial Court.

Most of the cases relate to a business dispute, document or contract worth more than €1 million and they are disposed of more speedily than any other division of the courts.

The Commercial Court, whose list is managed by Mr Justice Peter Kelly, was set up in 2004 when 43 cases were entered. That figure rose to 106 in 2005, 113 in 2006 and jumped to 196 last year.

The 2007 figure represents a rise of 83 cases on the previous year or 43 per cent and is indicative of increasing commercial litigation here.

Of the 458 cases entered into the list between 2004 and 2008, 362 have been disposed of. Most of that number - 240 - were settled although 73 did not settle until they went to a full hearing. 86 went to a full hearing while motions to dismiss were brought in 36 cases.

Of those still to be dealt with, all but eight were entered into the list in the latter part of 2007.

Mr Justice Kelly and two other judges hear commercial cases and the average waiting time from entry of a case into the commercial list and hearing time is 10 weeks. The average time from entry to the list and conclusion of the action is 21 weeks.

Of the cases before the court last year, 116 related to a business document, contract or dispute where the value of the claim was not less than €1 million. The value of the claim is considerably higher in the vast majority of cases.

There is also a growing number of cases before the court relating to appeals against, or judicial reviews of, decisions of public bodies and regulators, including challenges by Ryanair to several decisions of the aviation regulator.

Other cases relate to disputes over property developments, the provision of services, insurance, arbitration decisions, patent, copyright and trademark disputes.

Among prominent cases dealt with by the court to date were the dispute between Dunnes Stores and UK fashion giant Mosaic over Dunnes selling "knock off" copies of Mosaic designs; the large number of proceedings by financial institutions against missing solicitors Michael Lynn and Thomas Byrne; and disputes involving well known property developers including Seán Dunne.