The Gazette 1974

interests of justice, or where a Judge wishes to

view the evidence before reaching a decision. This

'Vpe of happening is quite common in all Courts and is

uesirable. If Judges are changed from time to time, or

there is not one Judge assigned to a specific area for

reasonably long period, then a backlog of adjourned

ses can arise. All practitioners have had experience of

h e

position where, for some unavoidable reason a

%e or Justice is unable to attend a particular Court

his district. Where this position occurs over a period

two or three Courts, invariably one finds that a list

cases accumulates which are left in abeyance or

djourned, so that the Judge or Justice who has dealt

Wlt

h the particular matter previously may deal with

sar

ne on his return to duty.

DUBLIN AREA—GENERALLY

The general recommendations of the Committee in

ation to the Dublin Courts are acceptable and sup-

Ported. The obvious and the immediate and extreme

pblem in the Dublin City area is the shortage of

^itable accommodation for the Circuit and District

°urts. The number of Judges and Justices presently

ijyailable in the Dublin Courts appear to be adequate.

uc real pressing problem is Court accommodation

nd this problem has now reached extreme proportions.

* present a Court sits in Church Hall in Lower Abbey

reet which is totally unsuited and inconvenient for

SUc

h use. The Children's Court at Dublin Castle has

udergone continuous criticism with particular refer-

ence to th" suitability of the accommodation available

rt>cuWly from the point of view of parents, children,

°bationary officers and other persons who must attend

a t

that Court. The Circuit Court has a similar problem

endeavouring to accommodate itself in premises

Bich are unsuited and overcrowded. It is believed that

, j

l t l o

nal Courthouse accommodation will be avail-

Jo in the near future as a matter of extreme urgency

J it is felt that when sufficient suitable accommoda-

available the present system will work efficiently

in^

Ct t 0

c h a n

e s

recommended by the Committee

, t s

Report. It is understood that a site has been

^ ^ h a s e d at the rere of the Four Courts where a block

j. Metropolitan Courts will be erected. The view of the

Ubi

a r

Association supported by the Society is that

^rious consideration should be given to the utilisation

j accommodation in the vicinity of the Four Courts.

this respect it should be possible to utilise the buil-

gs presently occupied by the Land Registry and the

cords Office for Courts and to find suitable alter-

tive accommodation for the Land Registry and the

£ r d s Office, perhaps in the new building complex,

reference

to the Committee's recommendations

R o w i n g specific matters should be considered in

view of the Dublin Bar Association, namely :

C ,

£ u i t Court—Civil and Criminal

nsfer of business from Kildare and Wicklow:

submitted that with the present overcrowding in

n e

Dubli n Courts that these Courts could not at

s e nt accommodate any further or additional work.

Part from this aspect of the matter and in accordance

h the general reasons given later in this memor-

prn, it is the view of the Association and of the

,,°

ety that, even if this recommendation was practical,

n the inconvenience and additional expense that

*ould be incurred by accused persons, by witnesses and

the other parties involved in attending at a Dublin

Court rather than at a local venue, would impose an

unfair burden on the parties involved and would not

achieve any improvement in the existing system and

would not generally be in the public interest.

Arrears:

The remedy referred to in recommendation

115 of the Report did assist in clearing the heavy back-

log of cases in the Dublin Circuit Court. It is under-

stood, however, that while the Dublin Circuit list was

brought reasonably up to date, arrears accumulated in

some Circuits through the country by reason of the

transfer of the Judge of that Circuit into Dublin to deal

with arrears. This remedy does not appear to be the

correct method of approach, but it is now believed that

with sufficient Courthouse accommodation available in

Dublin, that there are presently sufficient Judges avail-

able to deal with all arrears and to keep the list up to

date. Cases should be disposed of with as little delay as

is possible, otherwise it merely causes adverse comment

and frustration as well as financial loss to litigants.

Listing of Cases:

The present system of listing cases

in the diary for the Circuit Court without fixing a day-

to-day list on a more certain and realistic basis has

caused much of the delay, frustration and wastage of

witnesses' time which has existed in the Dublin Circuit

Court. Very often cases listed in the diary are not

reached and this merely results in the loss of witnesses'

time, inconvenience to them and further additional

expenses by having witnesses attend Court on two or

tlvee occasionj when one attendance should be

adequate. I: is suggested that, as cases are listed in the

Circuits through the country by county registrars with

the co-operation of local practitioners, a similar system

could be adopted in the Dublin Circuit Court in rela-

tion to civil actions. The listing of cases could be left to

the county registrar in co-operation with the local

practitioners.

Closing of Offices during long Vacation:

The closing

of Court offices during the long vacation causes un-

necessary inconvenience and delay. It is suggested that

during the long vacation all of the Court offices should

remain open during the normal office hours. While the

Court may not be sitting, there is nonetheless quite a

volume of work passing through the offices in question

and it causes delay and inconvenience generally to close

the Court offices, as is the current practice. There

appears to be no justification for closing the Court

offices on a half-day basis and it is strongly recom-

mended that the offices in question be left open and

available to practitioners and to the public during the

normal working hours.

DISTRICT COURTS

Hours of Sittings:

The hours suggested in the Report

are acceptable. However, complaints have been received

from a number of practitioners in the Dublin area who

indicate that while the Courts are set to commence at

10.30 a.m. they are in fact often late in commencing

and suggest that this matter should be rectified.

Fixing of List for Hearing:

This practice in relation

to the hearing of civil claims has worked satisfactorily

and has been of very great convenience to litigants and

witnesses and it has been found that the system oper-

ates in a more efficient way by having cases listed for

hearing on specific dates. This practice should continue

as no defect has been found in this procedure and no

wastage of time is involved.

100