CHANGES TO THE jurisdiction of the District Court and Circuit Court could lead to a reduction in legal costs, including in personal injury cases. 

The Civil Reform Bill, which seeks to streamline the administration of civil justice, proposes a number of changes, including the monetary jurisdiction of the two courts. 

Minister Jim O’Callaghan will ask government to approve the drafting of the legislation today, which seeks to increase in the monetary jurisdiction limits of both the Circuit Court and the District Court. 

The monetary jurisdiction of the District Court will increase from €15,000 to €20,000 while in the Circuit Court it will increase from €75,000 to €100,000.

Lowering costs

This is the first increase to the District Court since 2013, when it was increased to €15,000 in a bid to lower costs and speed up justice so more cases could be heard before the District Court instead of the Circuit Court.

The new changes will further facilitate the hearing of an increased number of civil actions in the District and Circuit Courts, leading to lower legal costs for all parties involved as well a reduction in the waiting list of cases before the High Court.

The current monetary limits on the jurisdiction of the Circuit and District Courts often result in legally non-complex cases being required to be heard in higher courts based solely on the level of the claim.

Separately, the legislation also deals with the matter of the much-talked about judicial review cases, which government says is holding up key infrastructure and housing projects. 

The memo going to Cabinet identifies that the Judicial Review system has been misused in some instances giving rise to unnecessary delays and costs.

The minister argues that the Judicial Review was never understood to be a vehicle for challenging the merits of policy and administrative decisions, and yet it is now being seen in that way by some litigants. 

Judicial review system ‘not tenable’

Cabinet will be told that the current situation is not tenable given the strains on infrastructure countrywide exacerbated by the demands of a rising population.

The Civil Reform Bill seeks to address these challenges by putting a public interest or common good test at the centre of the process, while continuing to safeguard the right of citizens to challenge unlawful decisions of public bodies. 

The proposed Bill will ensure that an individual who has suffered harm or prejudice as a result of an unlawful action of a public body may continue to seek a remedy from the courts, but only where that remedy is not contrary to the interests of justice, taking into account both the interests of the applicant and the public interest.

O’Callaghan is expected to emphasise that the new measures should achieve greater transparency and lead to a more streamlined process. 

He will tell Cabinet colleagues that government can no longer delay on reform of the judicial review system. 

Above the Shop Grant

Separately, Housing Minister James Browne will ask government to approve extension of to the Vacant Property Refurbishment Grant to 2030, with sanction for the payment of 20,000 grants. 

He will also update colleagues on introduction of a Vacant Above the Shop Grant, which was announced as part of this year’s budget. There will be funding of up to €140,000 to support bringing ‘above the shop’ vacant space into residential use.

Agriculture Minister Martin Heydon will be seeking approval from Cabinet to get the Agri-Food Regulator more powers.

The regulator had sought enhanced powers so it can compel businesses to provide financial information that is not in the public domain.

The law, in its current form, does not permit the regulator to compel such data.

The minister had previously said he is fully committed to ensuring that the regulator is equipped with the necessary powers to fulfil its statutory function.