CIVIL LITIGATION UPDATE

This week we learnt of two important changes in relation to the jurisdiction of the Civil Courts. 

The first change relates to the coming into effect of provisions of the Courts & Civil Law (Miscellaneous Provisions) Act 2013 that will take effect on the 3rd of February 2014. 

This significant change will increase the monetary jurisdictions of the Civil Courts. The jurisdiction of the District Court in civil proceedings will be increased to €15,000, up from €6,384. The jurisdiction of the Circuit Court will increase from €28,092 to €75,000 except in personal injury cases where a new monetary jurisdiction of €60,000 will apply. 

These changes are significant as they are likely to reduce the cost of litigation. For example, a case that would previously have been initiated in the High Court may fall within the monetary jurisdiction of the Circuit Court, reducing the cost of stamp duty and legal fees. It remains to be seen however if the courts will be adequately resourced to deal with the possible increase in the volume of cases being initiated in the Circuit or District Court. 

The second development comes through an amendment to the Civil Liability Act, 1961. The maximum amount that a dependant of a deceased person could claim in a case of wrongful death stood at €25,394.76. This limit has been increased to €35,000 applicable from the 11th of January 2014. This sum of damages is called the solatium and is claimable in fatal injury cases. It is important to bear in mind however that the solatium available is a collective amount that must be shared by all affected dependents. It is the role of a judge to assess what level of compensation for mental distress is appropriate but in circumstances where the total for all dependents exceeds the statutory limit then it must be reduced to the new statutory limit of €35,000.

Rebecca Keatinge

Brophy Solicitors