THE ANNUAL report of the Courts Service provides a snapshot of Irish society at any given time, and the 2009 report, published yesterday, is no exception. It shows that the recession has driven more and more people to the courts in an attempt to resolve issues relating to debt, insolvency and the winding up of companies. From cases involving hundreds of millions of euro in the High Court to modest debts in the District Court, all jurisdictions saw an increase in this area of court business.
There was a 53 per cent increase in new cases admitted to the High Court Commercial list. There was a 66 per cent increase in the winding up of companies and a 23 per cent increase in orders for possession.
However, it is the volume of such cases in the lower courts, where the amounts of money are smaller, that shows the true impact of the recession on the lives of ordinary people. The Circuit Court saw 13,613 debt judgments last year, an increase of 33 per cent, and the District Court saw 29,285, up 28 per cent. Thus, almost 43,000 people found themselves before the courts for non-payment of debt.
Financial difficulties also appear to have had an impact on family law, with a fall of 15 per cent in the number seeking judicial separations and divorce. Those close to the courts have observed that the difficulties people are experiencing in selling their homes, or in resolving debt issues, have made it more difficult to disentangle their financial lives, an essential part of judicial separation and divorce proceedings.
The increase in finance-related matters accounts for some, but not all of the increase in the courts overall work. There has also been a rise in criminal proceedings, all combining to produce a 40 per cent increase in the workload of the courts over the past three years.
The Courts Service reported an increase in the productivity of the courts, with a cut in net expenditure of 34 per cent last year, accounted for by combined savings and increased efficiency in collecting fines and fees – a good news story from the public service.
Few aspects of both private and public life are not touched, at some point, by the courts. Debt, business disputes, divorce and separation, custody of and access to children, child welfare issues, the care of Wards of Court and the prosecution of crime all fall within their remit. It is vital therefore that they run smoothly and efficiently and that citizens can have faith in the service they provide.