A review of how the civil courts operate may see increased case management by judges and administrative staff so that cases are concluded much more quickly than at present.
A review group to be chaired by the President of the High Court, Mr Justice Peter Kelly, is to look at, among other matters, improving procedures so as to ensure timely hearings and the introduction of greater use of technology when processing cases.
Mr Justice Kelly was the first head of the Commercial Court and oversaw the introduction of improved case management there so that parties to litigation had to proceed to a set schedule.
A report by the Law Reform Commission in 2010 pointed out that the current system of civil justice was largely derived from the Judicature (Ireland) Act 1877 and more than 200 other pieces of legislation.
The commission said that reforming procedures so as to move cases along in a timely fashion would involve increased investment in administrative and other resources in the courts service.
The commission also recommended the increased use of information and communications technology (ICT), which would also require increased investment.
Media organisations
The review will also look at the extent to which pleadings, submissions and other court documents should be available or accessible on the internet. This is an issue which could have an impact on access to court documents for the media, a long-term matter of concern for media organisations.
Tánaiste and Minister for Justice and Equality Frances Fitzgerald said she was happy to confirm that her department, having led overall responsibility for courts policy matters and courts legislation, would play an active part in the review.
The group is to report within two years. The proposed review was endorsed by Chief Justice Susan Denham who said such an exercise would be very worthwhile, Ms Fitzgerald said.
“The aim of the review is to deliver a more efficient and effective Irish legal system in regard to the area of civil justice,” she said.
The group will be asked to identify steps to achieve more effective outcomes for court users with particular emphasis on vulnerable court users including children and other young persons.
The group will also examine the legal costs provisions of the Legal Services Regulatory Act 2015, whose provisions have yet to be commenced.
