The Government has agreed in principle to increase the jurisdiction of the Circuit and District Courts. This would direct towards them many cases at present heard in the High Court, and could therefore reduce costs to litigants.
It is proposed to increase the awards jurisdiction of the District Court in civil cases from £5,000 to €20,000 (about £16,000), and of the Circuit Court from £30,000 to €100,000 (about £80,000).
If implemented, this would mean many cases which at present are heard in the High Court would be heard in the Circuit Civil Court, and cases at present heard in the Circuit Court will be heard in District Courts.
For example, an insurance claim which would be worth about £70,000, and which would have been heard in the High Court, could now be disposed of more quickly and cheaply in the Circuit Court.
The increase in jurisdiction can be done by statutory instrument, though the Government might opt to do so in legislation. The move could result in significantly reduced costs for litigants with cases running up to £80,000. At the moment such cases are heard in the High Court, where they would often involve both a senior and a junior barrister, and take at least a couple of days.
Civil cases in the Circuit Court typically take much less than a day and the litigants are represented only by junior barristers. In District Court hearings, litigants are usually represented just by a solicitor, and the cases are disposed of quickly.
However, it is likely that representatives of the Bar will point out that £80,000 is a lot of money to be disposed of in a speedy hearing in the Circuit Court.
Issues of liability often need considerable argument and witnesses, and if they are to get that in the Circuit Courts these courts could quickly become overwhelmed.
There is an automatic right of appeal from the Circuit Court to the High Court, and, with such increased amounts of money at stake, it is possible that there would be a far greater number of appeals.