Concern over sharp increase in civil cases before District Court
Concern has been raised that the District Court is “overworked” and could soon be “in gridlock” after new figures revealed a 39 per cent increase in civil matters coming before the court last year.
The Courts Service annual report for 2022 reveals that 127,289 new cases came before the District Court in 2022, up from 91,577 in 2021, while it disposed of 100,607 cases, up by 45 per cent from 69,193.
The District Court is now on par with its pre-pandemic level of activity — but will deal with even more cases once the long-awaited Family Courts Bill is in place.
Family lawyer Keith Walsh told Irish Legal News: “The overall 39 per cent increase in civil cases before the District Court indicates that this court, which is the busiest of all courts as it deals with matters in a summary manner is overworked.
“Of particular concern is that the new proposals to move separation and divorce cases from the Circuit Family Court to the District Family Court will result in gridlock in the District Court as these cases cannot be heard summarily and lead to a displacement of other District Family Court cases such as domestic violence applications.
“Some re-examination of the Family Courts Bill is urgently required if other District Court users are not to suffer.”
There was a four per cent increase last year in the number of people applying for protective orders under the Domestic Violence Act 2018, continuing a trend since 2005. Compared to 2019, domestic violence applications were up by 15 per cent.
Across all courts, the annual report shows that 170,000 new civil cases were filed, a 21 per cent increase on the previous year, while 106,372 cases were resolved, up 22 per cent.
In the criminal courts, 377,094 new cases were brought. There was a small four per cent decrease in less serious matters coming before the District Court, while the Central Criminal Court and the Circuit Court were both busier than before the pandemic, by 25 per cent and 10 per cent respectively.
Chief Justice Donal O’Donnell said the easing of pandemic restrictions had presented the Courts Service “with a new challenge as we faced into a gradual return to normal court practices: to continue to drive change and build on the significant progress made to date in expediting the reform and modernisation of the courts system in Ireland”.
“The efforts of Courts Service staff and members of the judiciary in meeting this task head on are detailed throughout this report,” he added.
Angela Denning, CEO of the Courts Service, said: “With the full lifting of pandemic restrictions, the courts resumed a busy pace of work in 2022.The post-pandemic period revealed some interesting trends which we will be monitoring closely to understand if they are part of long-term change or a short-term readjustment.
“Incoming civil business has not returned to the levels experienced before the pandemic. Whether this is due to a change in behaviour, or a legacy of the pandemic years remains to be seen.”
Justice minister Helen McEnte said: “I welcome the publication of the Courts Service annual report 2022. It provides a detailed insight into how our Courts Services have effectively managed both new and outstanding cases in a post pandemic context.
“It was always evident that the return to a full working environment after Covid would hold its challenges, but the Courts Service has met this challenge. And it is especially important that we make permanent the often transformative changes in how we worked during the pandemic.
“These include greater use of digital technologies, and the Courts Service has shown how this can improve the administration of justice.”