COURTS BILL 2013

The recently published Courts Bill, 2013 (2013 Bill) proposes to amend the monetary jurisdiction limits of the District and Circuit Courts.

The current monetary limits have been in place since 1991 and are set at €38,092 (£30,000) for civil matters heard in the Circuit Court and €6,384 (£5,000) for matters heard in the District Court. When the 2013 Bill comes into effect in Irish law it will raise the limit to €75,000 for the Circuit Court and €15,000 for the District Court. However, due to concerns around possible inflation of awards and the knock-on effect on insurance costs, the monetary jurisdiction limit of the Circuit court will be capped at €60,000 for personal injuries cases.

The proposed amendments come at a time when there has been harsh criticism of delays in relation to the hearing of appeals by the Supreme Court. The Chief Justice Susan Denham recently warned that delays of up to four and half years to hear Supreme Court appeals could impact on the economy and on Ireland’s international reputation. Over time, with the new limits in place there should be a reduction in the number of appeals to Supreme Court as more cases that would currently be heard in the High Court will be heard in the Circuit Court.

The 2013 Bill also proposes changes in respect of the in camera rule. This rule essentially prevents anyone other than those directly involved in a family law case to be present in Court. It also prevents the publication of any matters discussed, including the outcome of the case.

The proposed amendments seek to add greater transparency to the conduct of family law and childcare proceedings. The 2013 Bill allows for the attendance of bona fide representatives of the press. The courts, however, will maintain discretion in respect of material to be published and there will be a strict prohibition on the publication of any material which is likely to identify the parties to the proceedings or any children to whom the proceedings relate.