The Courts Bill 2013, once enacted and commenced, will
increase the monetary jurisdiction of the District and Circuit
Courts for the first time since 1991.
The Bill proposes to inflate the monetary jurisdiction of the
Circuit Court from its current limit of €38,092.14 to
€75,000. However, the Bill makes an exception in cases
involving personal injuries, which includes medical negligence
claims. In such cases, the monetary jurisdiction of the
Circuit Court will be limited to €60,000.
The primary objective of this initiative is the reduction of
litigation costs for all parties. For example, it is
unusual for senior counsel to appear before the Circuit Court,
although this may now become more common-place at the upper limits
of the Court's jurisdiction. Furthermore, stamp duty and
other outlay are significantly lower in the Circuit Court.
The Circuit Court also moves at a faster pace than the High Court,
which should see cases being resolved earlier, which will in itself
also serve to reduce legal costs.
The Bill, when enacted, will ensure that a greater proportion of
cases are resolved outside of the High Court. This, in turn,
should improve access to justice in the High Court. Any
reduction in the number of cases before the High Court will
ultimately free up more Judges to hear cases and reduce the waiting
times in the High Court lists.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
