Courts and Civil Law (Miscellaneous Provisions) Act 2013

On 3 February 2014, S. 2(1) and Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 shall come into operation effecting the following changes:-   

Monetary Jurisdiction Limits

 - Increasing the limit of the Circuit Court to €75,000 from the current €38,092; 

- Increasing the limit in the District Court to €15,000 from €6,384; and 

 - Restricting the limit of the Circuit Court to €60,000 for personal injury actions; 

   The following actions have been amended to mirror the above increases:- 

 - Right to abandon excess in the Circuit Court; 

 - Lump Sum Maintenance Orders under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 in the District Court; and 

-  The value of goods in an action for wrongful detention.    

Limitation on Plaintiff's Costs

Where damages recovered in a High Court action exceed €64,000 but do not exceed €75,000, the plaintiff will only be entitled to Circuit Court costs without judicial discretion. Where the matter is a personal injuries matter the range is lowered to between €51,000 and €60,000; and 

Where damages recovered in a High Court action exceed €15,000 but do not exceed €38,000, the plaintiff will only be entitled to District Court costs without judicial discretion. Where the matter is a personal injuries matter the upper limit is lowered to €30,000.    

Remittal or Transfer of Actions to the Circuit Court

 In an action for unliquidated damages that has been remitted or transferred to the Circuit Court, the Circuit Court may make an order awarding an amount in excess of €75,000 or €60,000 in PI claims.    

Remittal or Transfer of Actions to the District Court

In an action for unliquidated damages that has been remitted or transferred from the Circuit Court to the District Court, the District Court may make an order awarding an amount in excess of €15,000, but not exceeding €30,000.   

Judges in the Supreme Court

 Increasing the maximum number of Supreme Court Judges to nine from the previous seven.    

Jury Trials in Criminal Proceedings

The prosecution may apply to the Court to have a specified number of jurors not exceeding 15 to be selected to serve providing that the trial is likely to exceed 2 months and the additional jurors are required to ensure a properly constituted jury for the purposes of giving a verdict in that trial.   

 For further information, contact Valerie Hourigan or any other member of our Litigation Team.