Older Legislation A person may not generally be arrested or committed to prison for failing to pay a debt. This policy is reflected in the Debtors Act, Ireland, 1872 and the Enforcement of Courts Orders Legislation. Committal to prison is permitted under the Debtors (Ireland) Act for wilful disobedience of certain court orders that are within the person’s capacity to perform. A court may commit […]
Examination Order A judgment creditor may summon a judgment debtor to the District Court to be examined as to his means. The procedure starts with a court summons to an individual to be examined as to his means. The judgment debtor is obliged to file a statement of means in advance of the hearing, together with details of his income, assets, liabilities, and means and […]
Overview A person may acquire ownership of property by remaining in possession of it for the period prescribed by law, for the owner to take legal action to recover possession. This is sometimes referred to as squatting or adverse possession. The possession is adverse in the sense that it is in defiance of the title of the owner. It is a fundamental principle of property […]
General The general time limit for civil claims, apart from personal injuries arising from negligence and breach of duty, is six years from the date of the relevant event. The period runs from the date the wrong is committed. In the case of some civil wrongs, the right to take action arises without proof of loss. For example, where a claim for personal injury is […]
Personal Injury Personal injury actions are subject to special considerations, which are linked to the requirement to refer the case to the Injuries Board in the first instance before taking legal proceedings. Difficult questions can arise where a civil wrong leads to several types of damage. There may be knock-on, indirect losses or so-called consequential losses, which arise in the future or which develop over […]
Constitutional and Human Rights Generally, the courts have rejected challenges to limitation periods on Human Rights and constitutional grounds. The Supreme Courts have tended to hold that the statutory limitations reflect a fair balancing of the constitutional right of access to the courts and the interests in finality and in quieting disputes and titles. In the 1970s, the Supreme Court struck down a provision of […]
Lis Pendens A Lis Pendens, from Latin meaning “litigation pending,” is a formal notice to alert third parties of an ongoing legal dispute concerning a property. It serves to inform any prospective buyer or third party that litigation over the land or property is pending. The Lis Pendens alerts any potential purchaser or interested party to the existence of legal proceedings that may affect ownership […]
Nature of Appeal Civil appeals from the Circuit Court to the High Court are heard de novo. The High Court examines both the factual and legal aspects of the case without being bound by the Circuit Court’s findings., as if it were an original trial. Notice of Appeal An appeal from the Circuit Court is made under Order 61 of the Rules of the Superior Courts. […]
Nature Interpleader is a process initiated by a person who faces conflicting claims to property, money, or assets in his possession, to which he claims no interest but is nevertheless liable to one or more claimants. This process allows the concerned party to require the claimants to litigate their entitlements at their own expense, thereby providing certainty and protecting the party from risks and liabilities. […]
Overview Security for costs may be ordered in certain cases, in order to prevent the abuse of legal process by persons (most commonly companies) and other entities without the means to meet an award of costs against them if they lose. However, the principle comes in conflict with the right of a person to take ligation to assert his rights, which is a fundamental right […]
Case Stated on a Point of Law The case stated procedure allows for a reference from the District Court to the High Court on a point of law. There are two types of case stated. One is an appeal by way of case stated brought from a District Court decision on a point of law. A second type of case stated arises before the conclusion of […]
Purpose The purpose of the Court Proceedings (Delays) Act 2024 Act is to provide persons who are party to proceedings in the Irish Courts, where such proceedings are not concluded within a reasonable time, to seek a declaration of that fact and in certain cases compensation. A person who is or was a party to proceedings, has the right to the conclusion of those proceedings […]
Expedited Appeal The following are expedited types of appeal: Appeals against an order for habeas corpus, i.e., application to release a person in custody; Appeal against the making or refusal of any interlocutory order; Appeal against the making or refusal of an order granting summary judgment; Appeal against the making or refusal of a winding-up order, appointment of a provisional liquidator, appointment of a receiver, […]
The Court of Appeal Directions All appeals and other matters before the Court of Appeal shall be prepared for hearing or determination and heard and determined in a manner that is just, expeditious, and likely to minimize the cost of the proceeding. The Registrar may from time to time make such inquiries and seek such reports or information from the parties as he considers appropriate […]
Post Leave Documents Required The appellant shall, within 28 days of the grant by the Supreme Court of leave to appeal: lodge in the Office and serve on all respondents notice in the prescribed form of an intention to proceed with the appeal, or lodge in the Office and serve on all respondents written notice of intention to withdraw or abandon the appeal. Where the […]
Efficiency All applications, appeals, and other matters before the Supreme Court shall be prepared for hearing and determination in a manner that is just, expeditious, and likely to minimise the cost of the proceedings. The Registrar may, from time to time, make such inquiries and seek such reports and information as he considers appropriate or as directed by the Supreme Court concerning the progress of […]
Contested Cases Upon the hearing of a motion, the Court may give judgment for the relief on which the plaintiff may appear to be entitled or may dismiss the action or adjourn the case for a plenary hearing as if the proceedings had been originated by plenary summons. It may give such directions as to pleadings or discovery or settlement of issues or otherwise as […]
Notice for Particulars Where a party to proceedings has insufficient information about the case required to be met, he or she may seek further and better particulars of pleadings. A notice for particulars may be served. If the other party does not furnish replies, the party serving the notice may apply to the court for an order compelling the replies. The court on the application […]
Preservation Where a presumptive case of liability or a defence like to relieve liability wholly or partly is established, the court may make an order for the preservation or taking into custody of the subject matter of the litigation or may order that the amount in dispute be brought into court or otherwise secured. The court may, on the application of any party to the […]
Res Judicata Where a court makes a final decision on the merits, deciding a matter or necessarily deciding the same issues, new proceedings between the same parties may be prohibited on the basis of res judicata /matter decided. In these circumstances, new proceedings would be struck out as an abuse of process. Res judicata, in the strict sense of the expression, applies where the matter […]
Human Rights Issues In recent times, the courts have become stricter in measuring the balance of justice. Delay that might formerly have been tolerated may now be regarded as inordinate. Excuses that were formerly accepted might no longer be accepted. The European Convention on Human Rights is part of Irish domestic law under the European Convention on Human Rights Act 2003. The Convention guarantees the […]
Overview Because litigation is left in the hands of the parties and is dependent on their initiative, there is a risk that delay is encouraged. The parties may feel they can get away with it. The courts may indulge it by giving adjournments. This may mean that parties take advantage of this possibility. The courts have indicated that it is necessary in a system left […]
Taking Effect A judgment is entered as of the date when it is pronounced unless it is otherwise ordered. A judgment generally takes effect from its date. Interest runs from the date of entry. In other cases, however service is necessary to make the judgment effective. Where an interlocutory judgment for damages to be assessed is made and entered, the amount of damages, after being […]
Following Trial If no other method of trying or determining the matter is set out in the court rules, the action is set down for trial. The ordinary method of trial is by a judge in open court. In modern times, juries are involved in very limited categories of civil cases only. The judge directs the trial and enters judgment as he thinks right, in […]
Reasoned Decision There is a distinction between the judgement in the sense of the order and the reasoned judgement based on the findings of fact and the law which the judge may or may not write. The judgment is drawn up without setting out the reasoning or the evidence. The judgement in this sense is a concise finding and decision, usually embodying declarations and orders. […]
Oral Evidence the Norm In the absence of agreement in writing between the solicitors of all parties, and subject to the Rules, witnesses in a trial of the action, or for assessment of damages, are to be examined verbally in open Court. The basic principle of the trial is that matters of fact should be decided by way of oral evidence subject to cross-examination. Although […]
Evidence by Commission An application for evidence on commission is brought by way of a motion on notice to the other party. It should be based on an affidavit, justifying the application. The court may grant permission where it is necessary. The onus is on the party making the application to show why this is the case. The court will be more willing to afford […]
Pre-Commencement Duties Solicitors must advise their clients in relation to mediation as an alternative to court proceedings. They must provide clients with information in relation to mediation services and the advantages and benefits of mediation. Mediation remains voluntary. A solicitor acting in proceedings must make a statutory declaration that he or she has complied with the requirement. Proceedings may be adjourned where the declaration has […]
Preliminary Point of Law The court may order a trial of preliminary issues. It may determine particular issues upfront so as to achieve to a more expeditious and cost efficient result. For example ,if a particular matter of law is decided in a particular way this may determine the outcome of a trial. By consent of court or by consent of the parties on the […]
Various Means of Termination Proceedings may terminate other than by reason of a final court order or a settlement. Most of these instances involve a default by the claimant. The claimant may also discontinue the proceedings either in the context of a settlement or the apprehended failure of the claim. However, proceedings once started, cannot be discontinued by the plaintiff/claimant without consequences. By commencing legal […]
Extend Time to Appeal The appeals court, the Court of Appeal and Supreme Court may extend time set by the rules for an appeal. In some cases, there is a statutory provision which may limit this power. Generally, an application for extension of time is required. In the Court of Appeal, the respondent may consent to late filing. In the Supreme Court an application is […]
General A higher court appeal is decided on the evidence considered in the court below. It is only in exceptional circumstances that additional evidence may be received on appeal. This is because the appeal is reviewing the correctness of the decision of the court below. A party in litigation is required to make its full case to the court of trial. It would be a […]
Leave Required Leave for judicial review is required in every case. The purpose is to filter out cases which have no substance, are frivolous vexatious and would waste court time. An application for leave to appeal may made in a unilateral “ex parte” application. In some cases a bilateral application on notice to the other party may be required. The application for leave is made […]
Commencement The application is made by an originating notice of motion unless otherwise directed by court. The statement of grounds and the court order for leave determines the scope of the proceedings. The notice of motion order for leave and statement of grounds and affidavits are served on all persons affected by the application. This must be done within seven days of the perfection of […]
Relief Sought Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the Court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court. […]
Notice and Mode of Trial A notice of trial shall be served in all proceedings commenced by plenary summons or adjourned for a plenary hearing. They shall be set down for trial in the Central Office. A motion to set aside a notice of trial must be brought within four days after service of the notice complained of. The claimant in a probate and admiralty […]
Merger in Judgment A related principle to res judicata prevents the claimant obtaining a second judgement on the same matter. This is not based on estoppel, but on the principle that his claim has merged in the judgement. Similarly, where the plaintiff’s claim, if adjudicated later might have been more extensive and awarded greater damages (e.g personal injuries have taken and unforeseen turn for the […]