The Gazette 1974

Number of Judges of the Circuit Court

The Society does not feel competent to comment on

the actual number of Judges required to service the

Circuit Court either in Dublin or through the country.

It is suggested that in the public interest it is essential

to have at all times a sufficient number of Judges avail-

able to dispose of all work efficiently and without undue

delay. Essentially the situation where one may have an

idle Judge, is far better than the position which existed

in Dublin for a number of years, namely frustrated and

dissatisfied litigants by reason of the fact that there

were not sufficient Judges, nor sufficient accommodation

available to deal with the work which consequently

fall into arrears.

Non-contentious Applications

The Society approve of and fully support the recom-

mendations contained in paragraph 140 and while

supporting these recommendations would like to recom-

mend that a County Registrar be

empowered

deal

with the approval of settlements to a limited extent in

infant cases. While the Workman's Compensation pro-

cedure operated in the Circuit Court, County Registrars

dealt with the settlement of claims and the approval of

settlements in a very satisfactory manner. A limit could

be placed on the County Registrar's jurisdiction in

relation t o infants, setting a ceiling figure of One

thousand Five Hundred Pounds. One of the factors

which causes very great delay in the Circuit Criminal

Court is the procedure in relation to the calling of the

Jury List and the swearing in of a jury. A County

Registrar should be empowered to take proof of service

of the jury summonses and to call the list of jurors at

say 10.30 a.m. and then report to the Judge the names

of absent jurors, who could then be dealt with by the

Court when it sits at 11 a.m.

Courts' Time

Paragraph 141 acknowledges that all business in the

Circuit Court should be disposed of at the time and

place scheduled and that great expense and inconven-

ience is caused by inability to do so and that the cost

of judicial time is usually the cheapest factor in litiga-

tion. The Society fully support this comment and

would go further and say that the cost of judicial time

is now the cheapest factor in litigation and it is believed

that the value of any saving in judicial time, which

could arise through the implementation of many of the

recommendations, would be far outweighed by the very

considerable additional expense and invonvenience

which would be caused to the public especially if the

fundamental recommendations for change were imple-

mented.

THE HIGH COURT

Appeals to the High Court and Circuit Court

The recommendations made are acceptable and with

particular reference to Recommendation 146, it is agreed

that the present system is too rigid, and that a Judg

should have more discretion in relation to the transfer

of cases from one venue to another. The recommenda-

tion that appeals which are settled or withdrawn should

be ruled on before the High Court in Dublin on an

ex parte application is fully supported.

High Court Trials in Country Venues

The recommendations of the Committee are fully

supported. In so far as Jurors are concerned if the Hig°

Court sits only in the venues mentioned in Recommen-

dation 151, then it should be possible to have the Jury

List confined to Jurors who are resident within an area

of five miles of the centres named. The number

High Court actions held at country venues are not

many, and hence the calls upon Jurors in this respect

will not be great.

Other Recommendations

The general recommendations under this heading are

supported and in the view of the Society should be

implemented.

Memoranda of Dissent

The Memoranda of Dissent of His Honour Judg

J. C. Conroy and of the late Mr. E. C. Micks and Mr. J-

McMahon is noted. The society support the Dissenting

Memorandum of His Honour Judge J. C. Conroy and

in particular paragraphs 10, 11, 12, 13 and 14 thereof-

The important agreed fact is that the present system has

operated efficiently, and as Judge Conroy points out m

paragraph 6 of his report, "in the absence of any

evidence that the existing system is inefficient or un-

workable, any change should be limited to those neces-

sary to ensure efficiency and the expeditious disposal

of the business of the Court'. The Society fully

approves

of this statement and is forced to the conclusion, having

regard to the views of members of the profession

through the country, that the only break-down in the

present system of any real consequence arose through

the non-availability of Judges to deal with the work

listed for hearing. Without over-simplifying any

prob-

lem, it is the view of the Society that any difficulty

which has arisen could have been avoided and the

objectives of the Committee could all be realized in the

existing systems with less additional expense by having

an adequate number of Judges and adequate Court

accommodation available at all times.

Circuit Court Rules

The Society feels it should comment on the fart

that no recommendations have been made toward*

consideration of the up-dating of the Circuit Court

Rules. The Society is aware of the fact that new Vif

trict Court Rules are pending which will assist i

simplifying the existing system in the District Court

without any great fundamental changes, but there is

indication of any intended revision of the Rules of the

Circuit Court. It may well be that quite a number of

the acceptable recommendations could be achieved by

an up-dating of the Circuit Court Rules.

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