No consensus on ways to reduce legal costs

 The Minister for Justice, Helen McEntee, has welcomed the submission of a report by the Review Group set up to review and make recommendations to reform the administration of civil justice in the State.

But the 16 person Group was unable to reach a consensus regarding key recommendations to reduce litigation costs. 

 A majority of  members recommend the drawing up of guidelines for costs levels, while a minority recommend a table of maximum costs levels be prescribed by a new Litigation Costs Committee.

The Group has said that cases which have not progressed within 30 months of commencement should be automatically discontinued.

 The Review Group has made over 90 recommendations.

One is for an online information hub to provide dedicated legal and practical information for those considering bringing proceedings without professional representation.

The background to the review is that the administration of civil justice in Ireland is broadly derived from 19th century legislation (in particular the Judicature (Ireland) Act 1877) which has been added to or adjusted in a largely piecemeal way over the years.

 Following a Government decision in 2017, it was announced that a Review Group, to be chaired by the then President of the High Court, Mr. Justice Peter Kelly, would be established to review and reform the administration of civil justice in the State.

 Commenting on the report’s publication, Minister McEntee said: “Legal costs in Ireland are too high and the time involved in cases is much longer than other countries. We know the high cost of litigation is one of the main barriers for many people in accessing justice.”

The Minister said she and the Government are committed to implementing reforms which will reduce costs and streamline the legal system.

She thanked Mr Justice Peter Kelly, the Group’s chair, and his colleagues for their work. “This is the largest review of civil law ever undertaken in this State.

The Minister said she 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 full report from the Review Group is available on their website www.civiljusticereview.ie and the Department of Justice website (Review of the Administration of Civil Justice - Review Group Report).