Review group split on how to reduce litigation costs

Mr Justice Peter Kelly

The review group’s final report, published today, makes over 90 recommendations to reform the administration of civil justice in the State, including a review of criteria for civil legal aid.

On the question of litigation costs, a majority of review group members recommend the drawing up of guidelines for costs levels, while a minority recommend a table of maximum costs levels to be prescribed by a new litigation costs committee.

Justice Minister Helen McEntee has welcomed the publication of the “largest review of civil justice ever undertaken in this State” and announced the establishment of an implementation group to further consider, develop and progress its recommendations.

The minister said: “The recommendations in the report are an important step in reforming our civil justice system and increasing the opportunity for people to access civil justice services.

“I will carefully consider all the recommendations, including the introduction of guidelines for limits on litigation costs in civil cases or the introduction of a set of maximum litigation costs, before publishing an implementation plan next February.

“The implementation plan will detail how we will reduce costs and widen access to civil justice, and will contain set timelines for the delivery of reform.”

The report’s recommendations range from smaller modernisations, such as the simplification of the language and terminology in Rules of Court and wider use of video conferencing, to more significant proposals such as the introduction of a more efficient and cost-effective regime for discovery and a review of civil legal aid.

Ms McEntee said: “I have already introduced reforms which allow for greater use of remote hearings, e-filing and video links in the legal system, but there is much more to be done.

“As minister for justice, I want to improve access to justice and modernise the courts system and the recommendations in this report are very welcome in this regard.

“These include simplifying the language used in the Rules of Court and exploring how we can use digital technology, including an online information hub and video calls, to ensure everyone who needs justice can access civil justice services in a timely, effective and affordable manner.

“Modernisation will not only help those who need legal services: it will also help legal professionals, the Courts Service and the judiciary operate more efficiently and effectively, while equipping them for challenges of the future.”