Law Society: Bill will cause delays in hearing of cases

The Law Society has expressed “grave concerns” that proposals to increase the limit over the jurisdictions of the two lower courts will lead to huge delays unless extra resources are put in place.

The Government plans to increase the limit over the jurisdictions of the district court and circuit court from €6,350 to €15,000, and from €38,000 to €75,000 (with a lower limit of €60,000 for personal injury cases) respectively.

Law Society president James McCourt said the society had welcomed proposals, but only if the “inevitable extra workload” that resulted was counter-balanced by a similar increase in resources.

“As things stand, while most district and circuit courts proceed without substantial delay, they are, in general, working to full capacity and, in some cases, are overworked,” he said.

“No delays, of any consequence, currently exist in the High Court. If these new measures proceed, a large number of cases which, up to now had been brought in the High Court, will in future be commenced in the circuit court, with a consequent knock- on effect in the district court.”

He said that, unless extra judges, courts staff, and courtrooms are made available, delays in the hearing of cases will result and said the Law Society had yet to receive any assurances from Justice Minister Alan Shatter that such resources will be provided.

“It seems to us that, given the financial restraints within which the State must operate, it is highly unlikely that any extra funding will be provided to the Courts Service at this juncture,” said Mr McCourt.

“We entirely understand why that would be the case, but fail to grasp why these measures are being brought in now when the current court system, at district and circuit courts level, operates relatively smoothly.”