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The Civil Reform Bill 2025 (the Bill) marks a significant step towards the implementation of the Report on the Review of the Administration of Civil Justice in Ireland (the Kelly Report). The Kelly Report was drafted by a review group chaired by former President of the High Court, Judge Peter Kelly. If the Bill is successfully passed into law, it will make significant changes to Civil Litigation Procedure in Ireland.
The General Scheme of the Civil Reform Bill 2025 (the General Scheme) was published in January 2026 and proposes to implement many of the recommendations contained in the Kelly Report.
Background to the Kelly Report
The Kelly Report is a comprehensive analysis of the Irish civil justice system, which was undertaken to identify and recommend reforms aimed at improving efficiency, reducing costs and enhancing access to justice. It covers a broad range of issues, including procedural reforms, court structure and jurisdiction, discovery and disclosure, judicial review, multi-party litigation, litigation costs, court user experience (with particular attention to vulnerable users and litigants in person), and the use of technology in the courts.
The Kelly Report draws on comparative analysis of reforms in other jurisdictions (such as England and Wales, Scotland, Northern Ireland, Canada, Australia, and EU developments) and incorporates feedback from a wide range of stakeholders. It concludes with over 90 specific recommendations for legislative, procedural, and administrative change to modernise and improve Ireland's civil justice system.
Key recommendations in the Kelly Report
- Streamlining court procedures, such as introducing a single originating document, to be known as a "claim form" (a Claim Form) and simplifying language in court rules and forms.
- Replacing the current discovery regime with a new "production of documents" system to address inefficiencies and high costs.
- Introducing specialist court lists for clinical negligence and intellectual property disputes.
- Reforming judicial review by raising thresholds for access and clarifying procedures.
- Establishing a statutory or rules-based multi-party action (class action) procedure to manage mass claims more effectively.
- Addressing high litigation costs through measures such as fixed or capped costs, greater transparency, and improved costs assessment procedures.
- Enhancing support for court users, particularly vulnerable individuals and litigants in person, and improving physical and ICT facilities.
- Promoting the use of alternative dispute resolution (ADR) and early neutral evaluation.
- Accelerating the adoption of e-litigation, including e-filing, online case management, and digital court processes.
Some of these recommended reforms are outlined in more detail below.
The Discovery Procedure
Perhaps the most significant proposed reform is the replacement of the discovery procedure with a "production of documents" procedure. The new procedure requires Plaintiffs to produce all documents they intend to rely upon within 28 days of service of the Claim Form. Defendants must provide their documents within 42 days of service of their defence.
While lengthier periods can be agreed between the parties, or directed by the court, the documents must be produced by no later than 28 days prior to the commencement of trial.
The current discovery procedure only requires parties to provide the documentation being relied upon after pleadings have closed. At present, to obtain discovery, documents within relevant categories must be sought by one party from another. This proposed "front loading" procedure marks a significant departure from the current discovery procedure, which was criticised in the Kelly Report for allowing better financially resourced parties to use it as a "weapon" against less well-resourced parties
Judicial Review
The General Scheme proposes statutory changes to judicial review. Courts currently have discretion to grant a remedy on foot of a judicial review application. The General Scheme proposes legislation which specifies that a court shall not grant a relief sought unless it is satisfied that a number of conditions have been met. These include demonstrating that the applicant has suffered prejudice, the granting of the relief will significantly benefit the applicant, and that granting relief is in the interest of justice.
Case Management
General Principles
The General Scheme sets out formal case management principles which must be followed, including but not limited to:
- Issues of law and fact must be identified, defined, narrowed and prioritised at an early juncture.
- Proceedings should be progressed in a manner which is likely to minimise costs exposure.
- ADR should be utilised where appropriate to do so.
Adjournments
The General Scheme also seeks to introduce a presumption against granting adjournments. It lists a number of factors for a court to take into account when deciding whether to grant adjournments. These include the principles above; the conduct of the parties and a penalty being imposed on the party in breach.
Presumed Discontinuance
An interesting mechanism proposed in the General Scheme is a procedure whereby a party may serve notice of an intention to lodge a discontinuance application, where no steps have been taken to progress proceedings for 6 months or more. If the party upon whom the notice is served takes no steps within the following 28 days, a discontinuance application can be lodged in the court office. The court office can then notify the party of the discontinuance of the proceedings. Any application to set the discontinuance aside must be made within 3 months. This proposal further highlights the need to progress proceedings quickly, and that the court is becoming less willing to accept delays, as seen in a recent Supreme Court decision.
Lis Pendens
A party issuing proceedings concerning real property is currently able to register these proceedings as a burden against the property. The burden often remains on the title for the duration of the litigation. It is now proposed to limit the duration of a lis pendens to 28 days unless an application is made to court for its extension. This change will assist in helping prevent parties from improperly using the lis pendens procedure.
Jurisdiction and Costs
The General Scheme proposes to increase the monetary jurisdiction of the District Court from €15,000 to €20,000 and the monetary jurisdiction of the Circuit Court from €75,000 to €100,000.
It also proposes to impose a 3-month time limit from the conclusion of proceedings and an award of a costs order to provide a bill of costs to the other party. A failure to adhere to this time limit will result in the forbearance of court interest.
Conclusion
As is evident from the above, if implemented, the proposed reforms will have a wide-ranging impact on the civil litigation landscape in Ireland. The reforms reflect a clear focus on ensuring that proceedings are progressed without delay. If implemented, they will demand that litigants and practitioners alike, progress proceedings promptly.
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.
