Minister McEntee welcomes civil justice report and commits to publishing reform implementation plan by February
- Report makes over 90 recommendations to improve the civil justice system
- Group was chaired by Mr. Justice Peter Kelly, former President of the High Court
- Recommendations made in all areas of civil justice including litigation costs, case delays and access to services and legal aid
- Group to consider, develop and progress recommendations ahead of publication of reform plan next February
07 December, 2020
The Minister for Justice, Helen McEntee TD, has today welcomed the submission of a report by the Review Group set up to review and make recommendations to reform the administration of civil justice in the State. The Review Group has made over 90 recommendations in order to make the civil justice system more efficient and easier for people to access.
Commenting on the report, Minister McEntee said,
“Legal costs in Ireland are too high and the time involved in cases is much longer than other countries. We know the high cost of litigation is one of the main barriers for many people in accessing justice.
“I and the Government are committed to implementing reforms which will reduce costs and streamline the legal system.
“I welcome the report from the Review Group and thank Mr Justice Peter Kelly, the Group’s chair, and his colleagues for their work. This is the largest review of civil law ever undertaken in this State.
“The recommendations in the report are an important step in reforming our civil justice
system and increasing the opportunity for people to access civil justice services.
“I will carefully consider all the recommendations, including the introduction of guidelines for limits on litigation costs in civil cases or the introduction of a set of maximum litigation costs, before publishing an implementation plan next February.
“The implementation plan will detail how we will reduce costs and widen access to civil justice, and will contain set timelines for the delivery of reform.”
The Review Group makes several other recommendations to reduce the costs and time involved in legal proceedings. These include measures to streamline procedures, limit adjournments and reduce delays in bringing cases to hearing, such as:
- a single document, rather than multiple documents, should be used tocommence legal proceedings in the District Court;
- the languageand terminology in Rules of Court should be simplified;
- video conferencing should be promoted for the taking of expert and other evidence;
- an online information hub should be created to provide dedicated legal and practical information for those considering bringing proceedings without professional representation;
- arrangements for naming and vetting of suitability of next friend or guardian ad litem to act on behalf of a child in litigation should be standardised;
- the Courts Service Customer Charter should be reviewed to provide more specific measurements for performance and service levels;
The Review Group also recommends solutions to allow judges spend more time hearing cases, and thereby speed up court business, by hiring staff to handle procedural matters such as case management conferences.
Recommendations also include the introduction of a more efficient and more cost-effective regime for discovery, the process whereby parties inspect each other’s documents, as well as a review of the criteria governing access to civil legal aid.
To improve a person’s experience of using civil justice services, including the courts, the Review Group recommended that:
- cases which have not progressed within 30 months of commencement should be automatically discontinued;
- additional court officers, for example Deputy Masters, should be hired to preside at case management conferences to reduce the burden on judicial resources;
- current discovery arrangements should be replaced with a new system regulating the entitlement of parties to civil litigation to documents in advance of trial;
- primary legislation should be used to introduce new thresholds for judicial review applications.
- the Steering Board of the Abhaile scheme should examine the potential to improve links between Abhaile, Citizens Information Centres nationwide and the Legal Aid Board to ensure adequate opportunity to access service
Minister McEntee added,
“I have already introduced reforms which allow for greater use of remote hearings, e-filing and video links in the legal system, but there is much more to be done.
“As Minister for Justice, I want to improve access to justice and modernise the courts system and the recommendations in this report are very welcome in this regard.
“These include simplifying the language used in the Rules of Court and exploring how we can use digital technology, including an online information hub and video calls, to ensure everyone who needs justice can access civil justice services in a timely, effective and affordable manner.”
“Modernisation will not only help those who need legal services: it will also help legal professionals, the Courts Service and the judiciary operate more efficiently and effectively, while equipping them for challenges of the future.”
An implementation group will be established to further consider, develop and progress the Review Group’s recommendations, with an implementation plan expected to be published by February 2021.
Recommendations to reduce litigation costs
The Review Group was unable to reach a consensus regarding recommendations to reduce litigation costs. A majority of Review Group members recommend the drawing up of guidelines for costs levels, while a minority of Review Group members recommend a table of maximum costs levels be prescribed by a new Litigation Costs Committee. All recommendations will be considered further by the implementation group as appropriate.
The full report from the Review Group is available on their website www.civiljusticereview.ie and the Department of Justice website (Review of the Administration of Civil Justice - Review Group Report).
ENDS…/
Notes for Editors
The administration of civil justice in Ireland is broadly derived from 19th Century legislation (in particular the Judicature (Ireland) Act 1877) which has been added to or adjusted in a largely piecemeal way over the years.
Following a Government Decision in 2017, it was announced that a Review Group, to be chaired by the then President of the High Court, Mr. Justice Peter Kelly, would be established to review and reform the administration of civil justice in the State.
The Group was requested to report to the Minister for Justice and make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court users.
The Group held an open call requesting submissions from interested persons or parties in relation to its work. The Group received over 90 submissions which have been considered by the Review Group and a number of specialised sub-committees. Submissions were received from Government Departments, members of the judiciary, legal professionals, academics, non-profit organisations, professional bodies and individual members of the public.
Researchers also reviewed caseload data for the various jurisdictional instances and considered surveys and evaluations of performance of Ireland’s civil justice system taken internationally (EU Justice Scoreboard, Doing Business Reports by World Bank, Global Competitiveness reports of the World Economic Forum etc.). Findings and conclusions of a range of reviews and reports on this topic from other jurisdictions were also examined.
Review Group members
The Review Group comprised representatives of the Department of Justice, Department of An Taoiseach, Department of Public Expenditure and Reform, Office of the Attorney General, Office of the Chief State Solicitor, the Courts Service, the Judiciary, the Law Society and the Bar Council.
The Review Group comprised 16 members:
- Mr. Justice Peter Kelly (Chair) Former President of the High Court
- The Hon. Mr. Justice Liam McKechnie Supreme Court
- The Hon. Ms. Justice Maire Whelan Court of Appeal
- The Hon. Ms. Justice Leonie Reynolds High Court
- His Hon. Judge Francis Comerford Circuit Court
- Judge John Brennan District Court
- Mr. Kevin Fidgeon Courts Service
- Mr. John Shaw Department of An Taoiseach
- Mr. Liam Gleeson Department of Public Expenditure and Reform
- Ms. Oonagh Buckley Department of Justice and Equality
- Mr. Feargal O’Dubhgaill Office of the Attorney General
- Ms. Ciara Murphy Chief State Solicitors Office
- Mr. Paul McGarry Bar Council
- Mr. Stuart Gilhooly Law Society
- Ms. Mary Kelly (Secretary) Courts Service
- Ms. Nicola Kelly (Secretary) Department of Justice and Equality